82_FR_61541 82 FR 61294 - Proposed Agency Information Collection Activities; Comment Request

82 FR 61294 - Proposed Agency Information Collection Activities; Comment Request

FEDERAL RESERVE SYSTEM

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61294-61300
FR Document2017-27942

In accordance with the requirements of the Paperwork Reduction Act (PRA) of 1995, the Board, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the ``agencies'') may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has approved the Board's publication for public comment of a proposal to extend, with revision, the Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks (FFIEC 002) and the Report of Assets and Liabilities of a Non-U.S. Branch that is Managed or Controlled by a U.S. Branch or Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S), which are currently approved collections of information. The Board is publishing this proposal on behalf of the agencies. The proposed revisions to these reports would align with corresponding changes made to the Consolidated Reports of Condition and Income (FFIEC 031, FFIEC 041, and FFIEC 051). The Consolidated Reports of Condition and Income are commonly referred to as the Call Report. The proposed revisions to the FFIEC 002 and the FFIEC 002S would delete or consolidate certain items, establish certain reporting thresholds, account for changes in the accounting for equity investments, and make instructional clarifications consistent with those previously made to or currently proposed for the Call Report instructions. The proposed revisions would result in an overall reduction in burden and would take effect as of the June 30, 2018, report date. In determining whether to approve the proposed collection of information, the agencies will consider all comments received. As required by the PRA, the Board would then publish a second Federal Register notice for a 30-day comment period and submit the final FFIEC 002 and FFIEC 002S to OMB for review and approval.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61294-61300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27942]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System (Board).

ACTION: Notice and request for comment.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act (PRA) of 1995, the Board, the Federal Deposit Insurance Corporation 
(FDIC), and the Office of the Comptroller of the Currency (OCC) 
(collectively, the ``agencies'') may not conduct or sponsor, and the 
respondent is not required to respond to, an information collection 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. The Federal Financial Institutions Examination 
Council (FFIEC), of which the agencies are members, has approved the 
Board's publication for public comment of a proposal to extend, with 
revision, the Report of Assets and Liabilities of U.S. Branches and 
Agencies of Foreign Banks (FFIEC 002) and the Report of Assets and 
Liabilities of a Non-U.S. Branch that is Managed or Controlled by a 
U.S. Branch or Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S), which 
are currently approved collections of information. The Board is 
publishing this proposal on behalf of the agencies.
    The proposed revisions to these reports would align with 
corresponding

[[Page 61295]]

changes made to the Consolidated Reports of Condition and Income (FFIEC 
031, FFIEC 041, and FFIEC 051). The Consolidated Reports of Condition 
and Income are commonly referred to as the Call Report. The proposed 
revisions to the FFIEC 002 and the FFIEC 002S would delete or 
consolidate certain items, establish certain reporting thresholds, 
account for changes in the accounting for equity investments, and make 
instructional clarifications consistent with those previously made to 
or currently proposed for the Call Report instructions. The proposed 
revisions would result in an overall reduction in burden and would take 
effect as of the June 30, 2018, report date. In determining whether to 
approve the proposed collection of information, the agencies will 
consider all comments received. As required by the PRA, the Board would 
then publish a second Federal Register notice for a 30-day comment 
period and submit the final FFIEC 002 and FFIEC 002S to OMB for review 
and approval.

DATES: Comments must be submitted on or before February 26, 2018.

ADDRESSES: Interested parties are invited to submit written comments to 
the agency listed below. All comments, which should refer to the OMB 
control number, will be shared among the agencies.
    You may submit comments, which should refer to ``FFIEC 002 and 
FFIEC 002S,'' by any of the following methods:
     Agency website: 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: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW, 
Washington, DC 20551.
    All public comments are available from the Board's website 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 form in Room 
3515, 1801 K Street NW, (between 18th and 19th Streets NW), Washington, 
DC 20006, between 9:00 a.m. and 5:00 p.m. on weekdays.
    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 002 and FFIEC 002S discussed in this 
notice, please contact the agency staff member whose name appears 
below. In addition, copies of the FFIEC 002 and FFIEC 002S forms can be 
obtained at the FFIEC's website (https://www.ffiec.gov/ffiec_report_forms.htm).
    Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, (202) 
452-3884, Office of the Chief Data Officer, Board of Governors of the 
Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. 
Telecommunications Device for the Deaf (TDD) users may call (202) 263-
4869.

SUPPLEMENTARY INFORMATION: The Board is proposing to extend for three 
years, with revision, the FFIEC 002 and FFIEC 002S.
    Report Titles: Report of Assets and Liabilities of U.S. Branches 
and Agencies of Foreign Banks; Report of Assets and Liabilities of a 
Non-U.S. Branch that is Managed or Controlled by a U.S. Branch or 
Agency of a Foreign (Non-U.S.) Bank.
    Form Numbers: FFIEC 002; FFIEC 002S.
    OMB Control Number: 7100-0032.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
    Respondents: All state-chartered or federally-licensed U.S. 
branches and agencies of foreign banking organizations, and all non-
U.S. branches managed or controlled by a U.S. branch or agency of a 
foreign banking organization.
    Estimated Number of Respondents: FFIEC 002--209; FFIEC 002S--38.
    Estimated Average Burden per Response: FFIEC 002--23.87 hours; 
FFIEC 002S--6.0 hours.
    Estimated Total Annual Burden: FFEIC 002--19,955 hours; FFIEC 
002S--912 hours.
    Type of Review: Revision of currently approved collections.

General Description of Reports

    These information collections are mandatory (12 U.S.C. 3105(c)(2), 
1817(a)(1) and (3), and 3102(b)). Except for select sensitive items, 
the FFIEC 002 is not given confidential treatment; the FFIEC 002S is 
given confidential treatment (5 U.S.C. 552(b)(4) and (8)).

Abstract

    On a quarterly basis, all U.S. branches and agencies of foreign 
banks are required to file the FFIEC 002, which is a detailed report of 
condition with a variety of supporting schedules. This information is 
used to fulfill the supervisory and regulatory requirements of the 
International Banking Act of 1978. The data are also used to augment 
the bank credit, loan, and deposit information needed for monetary 
policy and other public policy purposes. The FFIEC 002S is a supplement 
to the FFIEC 002 that collects information on assets and liabilities of 
any non-U.S. branch that is managed or controlled by a U.S. branch or 
agency of the foreign bank. A non-U.S. branch is managed or controlled 
by a U.S. branch or agency if a majority of the responsibility for 
business decisions, including but not limited to decisions with regard 
to lending or asset management or funding or liability management, or 
the responsibility for recordkeeping in respect of assets or 
liabilities for that foreign branch resides at the U.S. branch or 
agency. A separate FFIEC 002S must be completed for each managed or 
controlled non-U.S. branch. The FFIEC 002S must be filed quarterly 
along with the U.S. branch or agency's FFIEC 002. The data from both 
reports are used for (1) monitoring deposit and credit transactions of 
U.S. residents; (2) monitoring the impact of policy changes; (3) 
analyzing structural issues concerning foreign bank activity in U.S. 
markets; (4) understanding flows of banking funds and indebtedness of 
developing countries in connection with data collected by the 
International Monetary Fund and the Bank for International Settlements 
that are used in economic analysis; and (5) assisting in the 
supervision of U.S. offices of foreign banks. The Federal Reserve 
System collects and processes these reports on behalf of all three 
agencies.

Current Actions

I. Introduction

    The proposed revisions partially stem from a formal initiative 
launched by the FFIEC in December 2014 to identify potential 
opportunities to reduce burden associated with Call Report requirements 
for community banks. The FFIEC's formal initiative included surveys of 
agency Call Report data users, which have served as the

[[Page 61296]]

foundation for the proposed burden-reducing revisions.\1\ As part of 
these surveys, users were asked to fully explain the need for each Call 
Report data item they deemed essential, how the data item is used, the 
frequency with which it is needed, and the population of institutions 
from which it is needed. Based on the results of the surveys, the 
agencies identified Call Report data items that are no longer needed, 
are needed on a less frequent basis, or are needed only above certain 
reporting thresholds, and have proposed or finalized the elimination, 
less frequent collection, or creation of new or upwardly revised 
reporting thresholds for these data items in the Call Report. In an 
effort to maintain consistency between the FFIEC 002, the FFIEC 002S, 
and the Call Report, the burden-reducing changes identified for the 
Call Report have been incorporated into this proposal where applicable. 
In addition, the proposed revisions ensure the reporting of data on 
equity investments in several FFIEC 002 schedules is consistent with 
changes in the accounting standards applicable to such investments. All 
of the revisions in this proposal have been implemented or proposed to 
be implemented in the Call Report.
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    \1\ See 80 FR 56539 (September 18, 2015), 81 FR 45357 (July 13, 
2016), 81 FR 54190 (August 15, 2016), 82 FR 2444 (January 9, 2017), 
82 FR 29147 (June 27, 2017), and 82 FR 51908 (November 8, 2017) for 
information on other actions taken under this initiative.
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II. General Discussion and Detail of Specific Proposed Revisions

    The proposed revisions are meant to align with revisions either 
implemented or proposed to be implemented in the Call Report. Below is 
a list of the specific proposed revisions to the FFIEC 002 and FFIEC 
002S. The proposed revisions are segmented by schedule except for the 
revisions relating to the accounting for equity securities, which can 
be found following the section regarding proposed revisions to FFIEC 
002 Schedule S, Servicing, Securitization, and Asset Sale Activities. 
Other than proposed revisions to the Report of Assets and Liabilities 
in the next paragraph, which pertain to both the FFIEC 002 and the 
FFIEC 002S, all other proposed revisions pertain only to the FFIEC 002.

Schedule RAL (FFIEC 002) and Report of Assets and Liabilities (FFIEC 
002S)

    In an effort to improve clarity, conformity with current accounting 
terminology, and internal consistency across schedules, the agencies 
propose to revise the caption in the FFIEC 002 and FFIEC 002S forms and 
instructions from ``loans and leases, net of unearned income'' to 
``loans and leases held for investment and held for sale.'' These two 
captions are intended to represent the same reported amounts. 
Accordingly, the agencies will replace the former caption with the 
latter caption in affected data items and related instructions across 
all applicable schedules.
    Each year in the March FFIEC 002, each institution indicates in 
Schedule RAL, Assets and Liabilities, Memorandum item 17, the most 
comprehensive level of auditing work performed for the branch or agency 
by, or on behalf of, the parent organization during the preceding 
calendar year. In completing Memorandum item 17, each institution 
selects from seven 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 
establishes auditing and related professional practice standards used 
in the performance and reporting of audits of the financial statements 
and the internal control over financial reporting (ICFR) of public 
companies. The ASB establishes auditing and quality control standards 
applicable to the performance and issuance of audit reports for 
entities that are not public companies, e.g. private companies.
    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 ICFR with audits of financial statements for 
public companies. Those public companies not required to undergo an 
integrated audit must have an audit of their financial statements.
    The ASB has separately provided similar guidance in Statement on 
Auditing Standards Number 130 (SAS 130), An Audit of Internal Control 
Over Financial Reporting That Is Integrated With an Audit of Financial 
Statements, which became effective for integrated audits for periods 
ending on or after December 15, 2016. Consistent with the PCAOB, the 
ASB states in SAS 130 that ``[a]n audit of ICFR is required to be 
integrated with an audit of financial statements.'' Unless a private 
company is required to or elects to have an integrated audit of its 
financial statements and ICFR, the private company may be required to 
or can choose to have an external auditor perform an audit of its 
financial statements.
    The existing wording of statements 1 and 2 of Schedule RAL, 
Memorandum item 17, reads as follows:

1 = ``Independent annual audit of the branch or agency conducted in 
accordance with U.S. generally accepted auditing standards by a 
certified public accounting firm''
2 = ``Independent annual audit of the branch or agency conducted in 
accordance with home-country auditing standards by an independent 
accounting firm.''

    Because these statements no longer fully and properly describe the 
types of external auditing services performed for institutions under 
current professional standards and to enhance the information 
institutions provide the agencies annually about the level of auditing 
external work performed for them, the agencies are proposing to replace 
existing statements 1 and 2 with new statements 1a and 1b and revised 
statement 2. These statements would read as follows:
    1a = ``An integrated audit of the branch or agency and its internal 
control over financial reporting conducted in accordance with the 
auditing standards of the American Institute of Certified Public 
Accountants (AICPA) or the Public Company Accounting Oversight Board 
(PCAOB) by an independent public accountant.''
    1b = ``An audit of the branch or agency conducted in accordance 
with the auditing standards of the AICPA or the PCAOB by an independent 
public accountant.''
    2 = ``An audit of the branch or agency conducted in accordance with 
home-country auditing standards by an independent public accountant.''

    Further, the agencies also propose to revise the caption to 
Memorandum item 17 to explicitly state that the work is performed by 
independent external auditors and to remove the reference to work 
performed on behalf of the parent organization.
    The agencies also propose to consolidate the detail on the fair 
value and the unpaid principal balance of loans held for trading 
collected in Schedule RAL. For loans secured by 1-4 family residential 
properties, breakouts for revolving, open-end loans

[[Page 61297]]

secured by 1-4 family residential properties and extended under lines 
of credit, as well as closed-end loans secured by 1-4 family 
residential properties, would be consolidated into a single item. In 
addition, construction, land development, and other land loans; loans 
secured by farmland; loans secured by multifamily (5 or more) 
residential properties; and loans secured by nonfarm nonresidential 
properties would be consolidated into a single item. Specifically, 
existing Memorandum items 5.a.(3)(a) and 5.a.(3)(b) would be 
consolidated into new Memorandum item 5.a.(1), while existing 
Memorandum items 5.a.(1), 5.a.(2), 5.a.(4), and 5.a.(5) would be 
consolidated into new Memorandum item 5.a.(2). Existing Memorandum 
items 6.a.(3)(a) and 6.a.(3)(b) would be consolidated into new 
Memorandum item 6.a.(1), while existing Memorandum items 6.a.(1), 
6.a.(2), 6.a.(4), and 6.a.(5) would be consolidated into new Memorandum 
item 6.a.(2). The agencies no longer need this current level of detail 
on loans held for trading in the FFIEC 002.

Schedule A

    On Schedule A, Cash and Balances Due from Depository Institutions, 
the agencies propose to consolidate the reporting of an institution's 
balances due from depository institutions in the U.S., which are 
currently reported in items 3.a for balances due from U.S. branches and 
agencies of foreign banks (including their international banking 
facilities (IBFs)) and 3.b for balances due from other depository 
institutions in the U.S. (including their IBFs), into a single item 3. 
In addition, the agencies propose to consolidate the reporting of an 
institution's balances due from foreign branches of U.S. banks (item 
4.a), balances due from banks in the reporting institution's home 
country and its home country central bank (item 4.b), and balances due 
from all other banks in foreign countries and foreign central banks 
(item 4.c), into a single item 4, Balances due from banks in foreign 
countries and foreign central banks. The agencies no longer need this 
current level of detail for these balances in the FFIEC 002.

Schedule C--Part I

    At present, institutions that have elected to measure loans held 
for investment or held for sale 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 5 and 6, respectively, of Schedule C, 
Part I, Loans and Leases. Because Schedule C, Part I, must be completed 
by all institutions, Memorandum items 5 and 6 also must be completed by 
all institutions although only a nominal number of institutions have 
disclosed reportable amounts for any of the categories of fair value 
option loans reported in the subitems of these two Memorandum items. 
Accordingly, the agencies are proposing to move Memorandum items 5 and 
6 on the fair value and unpaid principal balance of fair value option 
loans from Schedule C, Part I, to Schedule Q, Financial Assets and 
Liabilities Measured at Fair Value on a Recurring Basis, and to 
designate them as Memorandum items 3 and 4, respectively.
    The agencies also propose to consolidate the detail on loans held 
for investment or held for sale measured at fair value and the unpaid 
principal balance of such loans that would be moved to Schedule Q. 
Breakouts for revolving, open-end loans secured by 1-4 family 
residential properties and extended under lines of credit, as well as 
closed-end loans secured by 1-4 family residential properties, would be 
consolidated into a single item for loans secured by 1-4 family 
residential properties. In addition, construction, land development, 
and other land loans; loans secured by farmland; loans secured by 
multifamily (5 or more) residential properties; and loans secured by 
nonfarm nonresidential properties would be consolidated into a single 
item for loans secured by real estate other than 1-4 family residential 
properties. Specifically, existing Memorandum items 5.a.(3)(a) and 
5.a.(3)(b) would be consolidated into new Memorandum item 5.a.(1), 
while existing Memorandum items 5.a.(1), 5.a.(2), 5.a.(4), and 5.a.(5) 
would be consolidated into new Memorandum item 5.a.(2). Existing 
Memorandum items 6.a.(3)(a) and 6.a.(3)(b) would be consolidated into 
new Memorandum item 6.a.(1), while existing Memorandum items 6.a.(1), 
6.a.(2), 6.a.(4), and 6.a.(5) would be consolidated into new Memorandum 
item 6.a.(2). The agencies no longer need this current level of detail 
in the FFIEC 002.

Schedule C--Part II

    The agencies propose to remove items 1.a and 1.b on Schedule C, 
Part II, Loans to Small Businesses and Small Farms. Item 1.a requires 
FDIC-insured branches to indicate on an annual basis whether all or 
substantially all of the institution's dollar volume of reported 
``Commercial and industrial loans to U.S. addressees'' consist of loans 
with original amounts of $100,000 or less. If a branch reports ``Yes'' 
in item 1.a, then it must provide the number of ``Commercial and 
industrial loans to U.S. addressees'' outstanding in item 1.b. This 
change aligns this schedule with revisions made to the corresponding 
schedule in the FFIEC 031 Call Report.

Schedule Q

    The agencies propose to modify the reporting criteria for Schedule 
Q, Financial Assets and Liabilities Measured at Fair Value on a 
Recurring Basis, by applying only an activity threshold and not an 
asset-size threshold, which currently is $500 million. As proposed, 
Schedule Q is to be completed by branches and agencies that (1) have 
elected to report financial instruments or servicing assets and 
liabilities at fair value under a fair value option with changes in 
fair value recognized in earnings, or (2) reported total trading assets 
of $10 million or more in any of the four preceding calendar quarters. 
Institutions that do not meet either of these criteria would no longer 
need to complete this schedule, regardless of asset size. The agencies 
believe the activity thresholds are more appropriate than the existing 
simple asset-size threshold for determining which institutions must 
complete this schedule.
    The agencies also propose to raise the dollar portion of the 
threshold from $25,000 to $100,000 for itemizing and describing the 
components of ``All other assets'' and ``All other liabilities,'' which 
are reported in Memorandum items 1 and 2, respectively. The percentage 
portion of the existing thresholds would not be changed. Based on a 
preliminary evaluation of the existing reporting thresholds, the 
agencies have concluded that the dollar portion of the thresholds that 
currently apply to these items can be increased to provide a reduction 
in reporting burden without a loss of data that would be necessary for 
supervisory or other public policy purposes.

Schedule S

    The agencies propose the following revisions to Schedule S, 
Servicing, Securitization, and Asset Sale Activities, as they no longer 
need the current level of detail on securitization and asset sale 
activities in the FFIEC 002:
    (1) Consolidate the maximum amount of credit exposures arising from 
recourse or other seller-provided credit enhancements in the forms of 
retained interest-only strips, subordinated securities and other 
residual interests, and standby letters of credit and other

[[Page 61298]]

enhancements reported in items 2.a, 2.b, and 2.c, respectively, into a 
single new item 2.
    (2) Create a reporting threshold of $100 billion or more in total 
assets for reporting in item 3, which is for reporting unused 
commitments to provide liquidity to structures reported in item 1 
involving assets sold and securitized by the reporting institution with 
servicing retained or with recourse or other seller-provided credit 
enhancements.
    (3) Consolidate ownership (or seller's) interests carried as 
securities and loans, which are reported in items 6.a and 6.b, 
respectively, into a single new item 6. The agencies also propose to 
create a reporting threshold of $10 billion or more in total assets for 
reporting this new combined item 6.
    (4) Remove items 7.a and 7.b, which contain loan amounts included 
in ownership (or seller's) interests carried as securities that are 30-
89 days past due and 90 days or more past due, respectively.
    (5) Consolidate columns B and C of item 9, which contain the 
maximum amount of credit exposure arising from credit enhancements 
provided by the reporting institution to other institutions' 
securitization structures, into existing column G. The activities 
covered in columns B and C pertain to home equity lines and credit card 
receivables, respectively. The amounts previously reported in columns B 
and C would be reported in column G, ``All other loans, all leases, and 
all other assets.''
    (6) Create a reporting threshold of $10 billion or more in total 
assets for reporting unused commitments to provide liquidity to other 
institutions' securitization structures in item 10. The agencies also 
propose to consolidate columns B and C of item 10 into existing column 
G. The activities covered in columns B and C pertain to home equity 
lines and credit card receivables, respectively. The amounts previously 
reported in columns B and C by institutions with $10 billion or more in 
total assets would be included in column G, ``All other loans, all 
leases, and all other assets.''
    (7) Consolidate columns B through F of item 11, which contain 
assets sold with recourse or other seller-provided credit enhancements 
and not securitized, into existing column G. The activities covered in 
columns B through F pertain to home equity lines, credit card 
receivables, auto loans, other consumer loans, and commercial and 
industrial loans, respectively. The amounts previously reported in 
columns B through F would be included in column G, ``All other loans, 
all leases, and all other assets.''
    (8) Consolidate columns B through F of item 12, which contain the 
maximum amount of credit exposure arising from recourse or other 
seller-provided credit enhancements on assets sold with recourse or 
other seller-provided credit enhancements and not securitized, into 
existing column G. The activities covered in columns B through F 
pertain to home equity lines, credit card receivables, auto loans, 
other consumer loans, and commercial and industrial loans, 
respectively. The amounts previously reported in columns B through F 
would be included in column G, ``All other loans, all leases, and all 
other assets.''
    (9) Create a reporting threshold of $10 billion or more in total 
assets for reporting detail on asset-backed commercial paper conduits 
in Memorandum item 1. Institutions report the maximum amount of credit 
exposure arising from credit enhancements provided to asset-backed 
commercial paper conduits sponsored by the reporting institution or 
related institutions, and by unrelated institutions, in Memorandum 
items 1.a.(1) and 1.a.(2), respectively. Institutions report unused 
commitments to provide liquidity to asset-backed commercial paper 
conduits sponsored by the reporting institution or related 
institutions, and by unrelated institutions, in Memorandum items 
1.b.(1) and M.1.b.(2), respectively.

Proposed Revisions to Address Changes in Accounting for Equity 
Investments

    In January 2016, the Financial Accounting Standards Board (FASB) 
issued Accounting Standards Update (ASU) No. 2016-01, ``Recognition and 
Measurement of Financial Assets and Financial Liabilities.'' In its 
summary of this ASU, the FASB described how one of the main provisions 
of the ASU differs from current U.S. generally accepted accounting 
principles (GAAP) as follows:

    The amendments in this Update supersede the guidance to classify 
equity securities with readily determinable fair values into 
different categories (that is, trading or available-for-sale) and 
require equity securities (including other ownership interests, such 
as partnerships, unincorporated joint ventures, and limited 
liability companies) to be measured at fair value with changes in 
the fair value recognized through net income. An entity's equity 
investments that are accounted for under the equity method of 
accounting or result in consolidation of an investee are not 
included within the scope of this Update.

    The FASB further stated in the summary that ``an entity may choose 
to measure equity investments that do not have readily determinable 
fair values at cost minus impairment, if any, plus or minus changes 
resulting from observable price changes in orderly transactions for the 
identical or a similar investment of the same issuer.''
    The instructions to the FFIEC 002 require that respondents must 
utilize U.S. GAAP when filing the report. The agencies propose to 
revise the FFIEC 002 report form and instructions to account for the 
changes to U.S. GAAP set forth in ASU 2016-01.\2\ These proposed 
revised reporting requirements would become effective for different 
sets of respondents as those respondents become subject to the ASU. 
Institutions that are public business entities, as defined in U.S. 
GAAP, are subject to ASU 2016-01 for fiscal years beginning after 
December 15, 2017, including interim periods within those fiscal years. 
Therefore, for an institution with a calendar year fiscal year that is 
a public business entity, the proposed revised reporting requirements 
would become effective for its FFIEC 002 for June 30, 2018. As 
discussed below, interim guidance would be provided for purposes of 
reporting by such an institution in accordance with the ASU in its 
FFIEC 002 for March 31, 2018. All other institutions become subject to 
the ASU for fiscal years beginning after December 15, 2018, and interim 
periods within fiscal years beginning after December 15, 2019. 
Therefore, for an institution with a calendar year fiscal year that is 
not a public business entity, the proposed revised reporting 
requirements would become effective for its FFIEC 002 for December 31, 
2019. The period over which institutions will be implementing this ASU 
ranges from the first quarter of 2018 through the fourth quarter of 
2020. December 31, 2020, will be the first quarter-end FFIEC 002 report 
date as of which all institutions would be required to prepare their 
FFIEC 002 in accordance with ASU 2016-01 and the proposed revised 
reporting requirements.
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    \2\ No revisions to the FFIEC 002S regarding equity securities 
are being proposed.
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    The changes to the accounting for equity investments under ASU 
2016-01 will affect several existing data items in the FFIEC 002. One 
outcome of these accounting changes is the elimination of the concept 
of available-for-sale (AFS) equity securities, which are measured at 
fair value on the balance sheet with changes in fair value recognized 
through other comprehensive income. At present, the historical cost and 
fair value of AFS equity securities, i.e., investments in mutual funds 
and other

[[Page 61299]]

equity securities with readily determinable fair values that are not 
held for trading, are reported in Schedule RAL, item 1.c.(4), ``All 
other'' bonds, notes, debentures, and corporate stock, and Memorandum 
item 3, ``Fair value of available-for-sale securities.'' The total fair 
value of AFS securities reported in Schedule RAL, Memorandum item 3, 
also is reported in item 1, column A, of Schedule Q. Institutions then 
report in columns C, D, and E of item 1 of Schedule Q a breakdown of 
their AFS securities by the level in the fair value hierarchy within 
which the fair value amounts of these securities fall (Level 1, 2, or 
3). Any balance sheet netting adjustments to these fair value amounts 
are reported in column B of item 1 of Schedule Q.
    Another outcome of the changes in the accounting for equity 
investments under ASU 2016-01 is that equity securities and other 
equity investments without readily determinable fair values that are 
within the scope of ASU 2016-01 and are not held for trading must be 
measured at fair value through net income, rather than at cost (less 
impairment, if any), unless the measurement election described above is 
applied to individual equity investments. In general, institutions 
currently report their holdings of such equity securities without 
readily determinable fair values as a component of other assets in 
Schedule RAL, item 1.h.
    At present, AFS equity securities and equity investments without 
readily determinable fair values are included in the quarterly averages 
reported in Schedule K, Quarterly Averages. Institutions report the 
quarterly average for ``Total claims on nonrelated parties'' in item 5 
of this schedule. This average reflects all equity securities not held 
for trading on a cost basis. In addition, for branches whose deposits 
are insured by the FDIC, AFS equity securities and equity investments 
without readily determinable fair values are included in the quarterly 
averages reported in Schedule O, Other Data for Deposit Insurance 
Assessments. Institutions report the quarterly average for ``Average 
consolidated total assets for the calendar quarter'' in item 4 of this 
schedule. This average reflects AFS equity securities with readily 
determinable fair values at the lower of cost or fair value, and equity 
securities without readily determinable fair values at historical cost.
    The agencies have considered the changes to the accounting for 
equity investments under ASU 2016-01 and the effect of these changes on 
the manner in which data on equity securities and other equity 
investments are currently reported in the FFIEC 002, which has been 
described above. Accordingly, the proposed revisions to the FFIEC 002 
report form and instructions to address the equity securities 
accounting changes are as follows:
    (1) In Schedule RAL, Assets and Liabilities, a new Memorandum item 
4, ``Fair value of equity securities with readily determinable fair 
values not held for trading,'' would be added effective June 30, 2018. 
From June 30, 2018, through September 30, 2020, the instructions for 
Memorandum item 4 and the reporting form for Schedule RAL would include 
guidance stating that Memorandum item 4 is to be completed only by 
institutions that have adopted ASU 2016-01. Institutions that have not 
adopted ASU 2016-01 would leave Memorandum item 4 blank. Existing 
Memorandum items 3, ``Fair value of available-for-sale securities,'' 
and 4, ``Amortized cost of available-for-sale securities,'' would be 
renumbered as Memorandum items 3.a and 3.b, respectively, effective 
June 30, 2018. During the period from June 30, 2018, through September 
30, 2020, the instructions for Schedule RAL, Memorandum items 3.a and 
3.b, would explain that institutions that have adopted ASU 2016-01 
should include only debt securities in Memorandum items 3.a and 3.b. 
Effective December 31, 2020, the caption for Memorandum items 3.a and 
3.b would be revised to ``Fair value of available-for-sale debt 
securities'' and ``Amortized cost of available-for-sale debt 
securities,'' respectively, and all institutions would report their 
holdings of equity securities with readily determinable fair values not 
held for trading in Memorandum item 4.
    (2) In Schedule RAL, equity securities and other equity investments 
without readily determinable fair values not held for trading, which 
are currently reported in item 1.h, would continue to be reported in 
this item. However, the instructions would be revised as of June 30, 
2018, to state that, after the effective date of ASU 2016-01 for an 
institution, the equity securities and other equity investments the 
institution reports in item 1.h would be measured in accordance with 
the ASU.
    (3) In Schedule K, Quarterly Averages, the instructions for item 5, 
``Total claims on nonrelated parties,'' would include guidance from 
June 30, 2018, through September 30, 2020, stating that, for purposes 
of reporting the quarterly average for total claims:
     Institutions that have adopted ASU 2016-01 should reflect 
the quarterly average of all debt securities not held for trading on an 
amortized cost basis, and
     Institutions that have not adopted ASU 2016-01 should 
reflect the quarterly average for all securities not held for trading 
on an amortized cost basis.
    Then, effective December 31, 2020, the instructions for item 5 
would indicate that, for debt securities not held for trading, the 
quarterly average for total claims should reflect such securities on an 
amortized cost basis.
    (4) In Schedule O, Other Data for Deposit Insurance Assessments, 
the instructions for item 4, ``Average consolidated total assets for 
the calendar quarter,'' would include guidance from June 30, 2018, 
through September 30, 2020, stating that, for purposes of reporting the 
quarterly average for total assets:
     Institutions that have adopted ASU 2016-01 should reflect 
the quarterly average for debt securities not held for trading at 
amortized cost, and
     Institutions that have not adopted ASU 2016-01 should 
reflect the quarterly average for all debt securities not held for 
trading at amortized cost, available-for-sale equity securities with 
readily determinable fair values at the lower of cost or fair value, 
and equity securities without readily determinable fair values at 
historical cost.
    Then, effective December 31, 2020, the instructions for item 4 
would indicate that, for debt securities not held for trading, the 
quarterly average for total assets should reflect such securities at 
amortized cost.
    (5) In Schedule Q, the caption for item 1, ``Available-for-sale 
securities,'' would be changed to ``Available-for-sale debt securities 
and equity securities with readily determinable fair values not held 
for trading'' effective June 30, 2018. From June 30, 2018, through 
September 30, 2020, the instructions for item 1 and the reporting form 
for Schedule Q would include guidance stating that, for institutions 
that have adopted ASU 2016-01, the amount reported in item 1, column A, 
must equal the sum of Schedule RAL, Memorandum items 3.a and 4, and for 
institutions that have not adopted ASU 2016-01, the amount reported in 
item 1, column A, must equal Schedule RAL, Memorandum item 3.a. 
Effective December 31, 2020, this guidance would indicate that the 
amount reported in item 1, column A, must equal the sum of Schedule 
RAL, Memorandum items 3.a and 4.
    Institutions that apply ASU 2016-01 in the first quarter of 2018 
will need to report their holdings of equity securities and other 
equity investments in accordance with this accounting

[[Page 61300]]

standard within the existing structure of the FFIEC 002 for March 31, 
2018. Interim guidance accompanying the Board's transmittal letter to 
institutions for the March 31, 2018, report date will advise 
institutions that have adopted ASU 2016-01 to (a) continue to report 
the fair value and historical cost of their holdings of equity 
securities with readily determinable fair values not held for trading 
(which were reportable as available-for-sale equity securities prior to 
the adoption of ASU 2016-01) in existing Memorandum items 3 and 4 of 
Schedule RAL; (b) measure their holdings of equity securities and other 
equity investments without readily determinable fair values not held 
for trading in accordance with the ASU and continue to report them in 
Schedule RAL, item 1.h; (c) report Schedule K, item 5, consistent with 
the measurement of Schedule RAL, item 1.i, except that all debt 
securities not held for trading should be measured on an amortized cost 
basis; (d) report Schedule O, item 4, consistent with the measurement 
of Schedule RAL, item 3, except that all debt securities not held for 
trading should be measured at amortized cost; and (e) continue to 
report the amount from Memorandum item 3 of Schedule RAL in Schedule Q, 
item 1, column A.

III. Timing

    The proposed changes to the report forms and instructions described 
in this notice would be implemented as of the June 30, 2018, report 
date. However, as discussed above, the proposed revised reporting 
requirements for equity investments would have varying effective dates 
for individual respondents and would begin with the June 30, 2018, 
report date. The agencies invite comment on any difficulties that 
institutions would expect to encounter in implementing the systems and 
process changes necessary to accommodate the proposed revisions to the 
FFIEC 002 and FFIEC 002S as of this proposed effective date.
    The specific wording of the captions for the new or revised data 
items discussed in this proposal and the numbering of these data items 
may be modified to provide clarity.

IV. Request for Comment

    Public comment is requested on all aspects of this notice. Comment 
is specifically invited on:
    a. Whether the information collections are necessary for the proper 
performance of the agencies' functions, including whether the 
information has practical utility;
    b. The accuracy of the agencies' estimate of the burden of the 
information collections, 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 the 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 notice will be shared among 
the agencies. All comments will become a matter of public record.

    Board of Governors of the Federal Reserve System, December 21, 
2017.
Margaret Shanks,
Deputy Secretary of the Board.
[FR Doc. 2017-27942 Filed 12-26-17; 8:45 am]
 BILLING CODE 6210-01-P



                                               61294                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               Advisor announces two separate public                   January 16, 2018, for the January 23 and              meeting, in addition to other topics that
                                               meetings of the Human Studies Review                    24, 2018 meeting and up to Noon                       may come before the Board. The HSRB
                                               Board (HSRB) to advise the Agency on                    Eastern Time on Tuesday, March 8,                     may also discuss planning for future
                                               the ethical and scientific review of                    2018 for the March 15, 2018 meeting. To               HSRB meetings. The agenda and the
                                               research involving human subjects.                      the extent that time permits, interested              draft report will be available prior to the
                                               DATES: A virtual public meeting will be                 persons who have not pre-registered                   meeting at http://www2.epa.gov/osa/
                                               held on Tuesday, January 23, 2018 and                   may be permitted by the HSRB Chair to                 human-studies-review-board.
                                               Wednesday, January 24, 2018, from 1:00                  present oral comments during either                     Meeting minutes and final reports.
                                               p.m. to approximately 5:30 p.m. Eastern                 meeting at the designated time on the                 Minutes of these meetings, summarizing
                                               Time on both dates. A separate,                         agenda. Oral comments before the HSRB                 the matters discussed and
                                               subsequent teleconference meeting is                    are generally limited to five minutes per             recommendations made by the HSRB,
                                               planned for Thursday, March 15, 2018,                   individual or organization. If additional             will be released within 90 calendar days
                                               from 2:00 p.m. to approximately 3:30                    time is available, further public                     of the meeting. These minutes will be
                                               p.m. Eastern Time for the HSRB to                       comments may be possible.                             available at http://www2.epa.gov/osa/
                                               finalize its Final Report of the January                  2. Written comments. Submit your                    human-studies-review-board. In
                                               23 and 24, 2018 meeting and review                      written comments prior to the meetings.               addition, information regarding the
                                               other possible topics.                                  For the Board to have the best                        HSRB’s Final Report, will be found at
                                                                                                       opportunity to review and consider your               http://www2.epa.gov/osa/human-
                                               ADDRESSES: Both of these meetings will
                                                                                                       comments as it deliberates, you should                studies-review-board or from Thomas
                                               be conducted entirely by telephone and
                                                                                                       submit your comments by Noon Eastern                  O’Farrell listed under FOR FURTHER
                                               on the internet using Adobe Connect.
                                                                                                       Time on Tuesday, January 16, 2018, for                INFORMATION CONTACT.
                                               For detailed access information visit the
                                                                                                       the January 23 and 24, 2018 meeting
                                               HSRB website: http://www2.epa.gov/                      and up to Noon Eastern Time on                          Dated: December 14, 2017.
                                               osa/human-studies-review-board.                         Tuesday, March 8, 2018 for the March                  Jennifer Orme-Zavaleta,
                                               FOR FURTHER INFORMATION CONTACT: Any                    15, 2018 meeting. If you submit                       EPA Science Advisor.
                                               member of the public who wishes to                      comments after these dates, those                     [FR Doc. 2017–27951 Filed 12–26–17; 8:45 am]
                                               receive further information should                      comments will be provided to the HSRB                 BILLING CODE 6560–50–P
                                               contact the HSRB Designated Federal                     members, but you should recognize that
                                               Official (DFO), Thomas O’Farrell on                     the HSRB members may not have
                                               telephone number (202) 564–8451; fax                    adequate time to consider your                        FEDERAL RESERVE SYSTEM
                                               number: (202) 564–2070; email address:                  comments prior to their discussion. You
                                               ofarrell.thomas@epa.gov; or mailing                     should submit your comments to the                    Proposed Agency Information
                                               address: Environmental Protection                       DFO, Thomas O’Farrell listed under FOR                Collection Activities; Comment
                                               Agency, Office of the Science Advisor,                  FURTHER INFORMATION CONTACT. There is                 Request
                                               Mail Code 8105R, 1200 Pennsylvania                      no limit on the length of written
                                               Avenue NW, Washington, DC 20460.                        comments for consideration by the                     AGENCY: Board of Governors of the
                                               SUPPLEMENTARY INFORMATION:                              HSRB.                                                 Federal Reserve System (Board).
                                                  Meeting access: These meetings will                                                                        ACTION: Notice and request for comment.
                                               be open to the public. The full Agenda                  Background
                                               and meeting materials will be available                   The HSRB is a Federal advisory                      SUMMARY:   In accordance with the
                                               at the HSRB website: http://                            committee operating in accordance with                requirements of the Paperwork
                                               www2.epa.gov/osa/human-studies-                         the Federal Advisory Committee Act 5                  Reduction Act (PRA) of 1995, the Board,
                                               review-board. For questions on                          U.S.C. App. 2 9. The HSRB provides                    the Federal Deposit Insurance
                                               document availability, or if you do not                 advice, information, and                              Corporation (FDIC), and the Office of
                                               have access to the internet, consult with               recommendations on issues related to                  the Comptroller of the Currency (OCC)
                                               the DFO, Thomas O’Farrell, listed under                 scientific and ethical aspects of third-              (collectively, the ‘‘agencies’’) may not
                                               FOR FURTHER INFORMATION CONTACT.                        party human subjects research that are                conduct or sponsor, and the respondent
                                                  Special accommodations. For                          submitted to the Office of Pesticide                  is not required to respond to, an
                                               information on access or services for                   Programs (OPP) to be used for regulatory              information collection unless it displays
                                               individuals with disabilities, or to                    purposes.                                             a currently valid Office of Management
                                               request accommodation of a disability,                    Topic for discussion. On January 23                 and Budget (OMB) control number. The
                                               please contact the DFO listed under FOR                 and 24, 2018, EPA’s Human Studies                     Federal Financial Institutions
                                               FURTHER INFORMATION CONTACT at least                    Review Board will consider two topics:                Examination Council (FFIEC), of which
                                               10 days prior to the meeting to give EPA                (1) A completed study and monograph                   the agencies are members, has approved
                                               as much time as possible to process                     report titled ‘‘Agricultural Handler                  the Board’s publication for public
                                               your request.                                           Exposure during Open Pour Loading of                  comment of a proposal to extend, with
                                                                                                       Granules’’ by the Agricultural Handlers               revision, the Report of Assets and
                                               How may I participate in this meeting?                  Exposure Task Force, and (2) a study                  Liabilities of U.S. Branches and
                                                 The HSRB encourages the public’s                      protocol titled ‘‘Laboratory Evaluation               Agencies of Foreign Banks (FFIEC 002)
                                               input. You may participate in these                     of Bite Protection From Repellent-                    and the Report of Assets and Liabilities
                                               meetings by following the instructions                  Impregnated Fabrics’’ by Pinebelt                     of a Non-U.S. Branch that is Managed or
                                               in this section.                                        Industries.                                           Controlled by a U.S. Branch or Agency
daltland on DSKBBV9HB2PROD with NOTICES




                                                 1. Oral comments. To pre-register to                    The Agenda and meeting materials for                of a Foreign (Non-U.S.) Bank (FFIEC
                                               make oral comments, please contact the                  this topic will be available in advance               002S), which are currently approved
                                               DFO, Thomas O’Farrell, listed under                     of the meeting at http://www2.epa.gov/                collections of information. The Board is
                                               FOR FURTHER INFORMATION CONTACT.                        osa/human-studies-review-board.                       publishing this proposal on behalf of the
                                               Requests to present oral comments                         On March 15, 2018, the HSRB will                    agencies.
                                               during either meeting will be accepted                  review and finalize their draft Final                    The proposed revisions to these
                                               up to Noon Eastern Time on Tuesday,                     Report from the January 23 and 24, 2018               reports would align with corresponding


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                                                                        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                           61295

                                               changes made to the Consolidated                        20006, between 9:00 a.m. and 5:00 p.m.                1817(a)(1) and (3), and 3102(b)). Except
                                               Reports of Condition and Income (FFIEC                  on weekdays.                                          for select sensitive items, the FFIEC 002
                                               031, FFIEC 041, and FFIEC 051). The                        Additionally, commenters may send a                is not given confidential treatment; the
                                               Consolidated Reports of Condition and                   copy of their comments to the OMB                     FFIEC 002S is given confidential
                                               Income are commonly referred to as the                  desk officer for the agencies by mail to              treatment (5 U.S.C. 552(b)(4) and (8)).
                                               Call Report. The proposed revisions to                  the Office of Information and Regulatory
                                                                                                                                                             Abstract
                                               the FFIEC 002 and the FFIEC 002S                        Affairs, U.S. Office of Management and
                                               would delete or consolidate certain                     Budget, New Executive Office Building,                   On a quarterly basis, all U.S. branches
                                               items, establish certain reporting                      Room 10235, 725 17th Street NW,                       and agencies of foreign banks are
                                               thresholds, account for changes in the                  Washington, DC 20503; by fax to (202)                 required to file the FFIEC 002, which is
                                               accounting for equity investments, and                  395–6974; or by email to oira_                        a detailed report of condition with a
                                               make instructional clarifications                       submission@omb.eop.gov.                               variety of supporting schedules. This
                                               consistent with those previously made                   FOR FURTHER INFORMATION CONTACT: For                  information is used to fulfill the
                                               to or currently proposed for the Call                   further information about the proposed                supervisory and regulatory requirements
                                               Report instructions. The proposed                       revisions to the FFIEC 002 and FFIEC                  of the International Banking Act of
                                               revisions would result in an overall                    002S discussed in this notice, please                 1978. The data are also used to augment
                                               reduction in burden and would take                      contact the agency staff member whose                 the bank credit, loan, and deposit
                                               effect as of the June 30, 2018, report                  name appears below. In addition, copies               information needed for monetary policy
                                               date. In determining whether to approve                 of the FFIEC 002 and FFIEC 002S forms                 and other public policy purposes. The
                                               the proposed collection of information,                 can be obtained at the FFIEC’s website                FFIEC 002S is a supplement to the
                                               the agencies will consider all comments                 (https://www.ffiec.gov/ffiec_report_                  FFIEC 002 that collects information on
                                               received. As required by the PRA, the                   forms.htm).                                           assets and liabilities of any non-U.S.
                                               Board would then publish a second                          Nuha Elmaghrabi, Federal Reserve                   branch that is managed or controlled by
                                               Federal Register notice for a 30-day                    Board Clearance Officer, (202) 452–                   a U.S. branch or agency of the foreign
                                               comment period and submit the final                     3884, Office of the Chief Data Officer,               bank. A non-U.S. branch is managed or
                                               FFIEC 002 and FFIEC 002S to OMB for                     Board of Governors of the Federal                     controlled by a U.S. branch or agency if
                                               review and approval.                                    Reserve System, 20th and C Streets NW,                a majority of the responsibility for
                                               DATES: Comments must be submitted on                    Washington, DC 20551.                                 business decisions, including but not
                                               or before February 26, 2018.                            Telecommunications Device for the Deaf                limited to decisions with regard to
                                               ADDRESSES: Interested parties are                       (TDD) users may call (202) 263–4869.                  lending or asset management or funding
                                               invited to submit written comments to                                                                         or liability management, or the
                                                                                                       SUPPLEMENTARY INFORMATION: The Board
                                               the agency listed below. All comments,                                                                        responsibility for recordkeeping in
                                                                                                       is proposing to extend for three years,
                                               which should refer to the OMB control                                                                         respect of assets or liabilities for that
                                                                                                       with revision, the FFIEC 002 and FFIEC
                                               number, will be shared among the                                                                              foreign branch resides at the U.S. branch
                                                                                                       002S.
                                               agencies.                                                                                                     or agency. A separate FFIEC 002S must
                                                                                                          Report Titles: Report of Assets and
                                                  You may submit comments, which                                                                             be completed for each managed or
                                                                                                       Liabilities of U.S. Branches and
                                               should refer to ‘‘FFIEC 002 and FFIEC                                                                         controlled non-U.S. branch. The FFIEC
                                                                                                       Agencies of Foreign Banks; Report of
                                               002S,’’ by any of the following methods:                                                                      002S must be filed quarterly along with
                                                                                                       Assets and Liabilities of a Non-U.S.
                                                  • Agency website: http://                                                                                  the U.S. branch or agency’s FFIEC 002.
                                                                                                       Branch that is Managed or Controlled by
                                               www.federalreserve.gov. Follow the                                                                            The data from both reports are used for
                                                                                                       a U.S. Branch or Agency of a Foreign
                                               instructions for submitting comments at:                                                                      (1) monitoring deposit and credit
                                                                                                       (Non-U.S.) Bank.
                                               http://www.federalreserve.gov/general                      Form Numbers: FFIEC 002; FFIEC                     transactions of U.S. residents; (2)
                                               info/foia/ProposedRegs.cfm.                             002S.                                                 monitoring the impact of policy
                                                  • Federal eRulemaking Portal: http://                   OMB Control Number: 7100–0032.                     changes; (3) analyzing structural issues
                                               www.regulations.gov. Follow the                            Frequency of Response: Quarterly.                  concerning foreign bank activity in U.S.
                                               instructions for submitting comments.                      Affected Public: Business or other for-            markets; (4) understanding flows of
                                                  • Email: regs.comments@                              profit.                                               banking funds and indebtedness of
                                               federalreserve.gov. Include the reporting                  Respondents: All state-chartered or                developing countries in connection with
                                               form numbers in the subject line of the                 federally-licensed U.S. branches and                  data collected by the International
                                               message.                                                agencies of foreign banking                           Monetary Fund and the Bank for
                                                  • Fax: (202) 452–3819 or (202) 452–                  organizations, and all non-U.S. branches              International Settlements that are used
                                               3102.                                                   managed or controlled by a U.S. branch                in economic analysis; and (5) assisting
                                                  • Mail: Ann E. Misback, Secretary,                   or agency of a foreign banking                        in the supervision of U.S. offices of
                                               Board of Governors of the Federal                       organization.                                         foreign banks. The Federal Reserve
                                               Reserve System, 20th Street and                            Estimated Number of Respondents:                   System collects and processes these
                                               Constitution Avenue NW, Washington,                     FFIEC 002—209; FFIEC 002S—38.                         reports on behalf of all three agencies.
                                               DC 20551.                                                  Estimated Average Burden per                       Current Actions
                                                  All public comments are available                    Response: FFIEC 002—23.87 hours;
                                               from the Board’s website at www.federal                                                                       I. Introduction
                                                                                                       FFIEC 002S—6.0 hours.
                                               reserve.gov/generalinfo/foia/Proposed                      Estimated Total Annual Burden:                        The proposed revisions partially stem
                                               Regs.cfm as submitted, unless modified                  FFEIC 002—19,955 hours; FFIEC 002S—                   from a formal initiative launched by the
daltland on DSKBBV9HB2PROD with NOTICES




                                               for technical reasons. Accordingly, your                912 hours.                                            FFIEC in December 2014 to identify
                                               comments will not be edited to remove                      Type of Review: Revision of currently              potential opportunities to reduce
                                               any identifying or contact information.                 approved collections.                                 burden associated with Call Report
                                               Public comments may also be viewed                                                                            requirements for community banks. The
                                               electronically or in paper form in Room                 General Description of Reports                        FFIEC’s formal initiative included
                                               3515, 1801 K Street NW, (between 18th                    These information collections are                    surveys of agency Call Report data
                                               and 19th Streets NW), Washington, DC                    mandatory (12 U.S.C. 3105(c)(2),                      users, which have served as the


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                                               61296                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               foundation for the proposed burden-                     and FFIEC 002S forms and instructions                 ‘‘[a]n audit of ICFR is required to be
                                               reducing revisions.1 As part of these                   from ‘‘loans and leases, net of unearned              integrated with an audit of financial
                                               surveys, users were asked to fully                      income’’ to ‘‘loans and leases held for               statements.’’ Unless a private company
                                               explain the need for each Call Report                   investment and held for sale.’’ These                 is required to or elects to have an
                                               data item they deemed essential, how                    two captions are intended to represent                integrated audit of its financial
                                               the data item is used, the frequency                    the same reported amounts.                            statements and ICFR, the private
                                               with which it is needed, and the                        Accordingly, the agencies will replace                company may be required to or can
                                               population of institutions from which it                the former caption with the latter                    choose to have an external auditor
                                               is needed. Based on the results of the                  caption in affected data items and                    perform an audit of its financial
                                               surveys, the agencies identified Call                   related instructions across all applicable            statements.
                                               Report data items that are no longer                    schedules.                                               The existing wording of statements 1
                                               needed, are needed on a less frequent                      Each year in the March FFIEC 002,                  and 2 of Schedule RAL, Memorandum
                                               basis, or are needed only above certain                 each institution indicates in Schedule                item 17, reads as follows:
                                               reporting thresholds, and have proposed                 RAL, Assets and Liabilities,                          1 = ‘‘Independent annual audit of the
                                               or finalized the elimination, less                      Memorandum item 17, the most                             branch or agency conducted in
                                               frequent collection, or creation of new                 comprehensive level of auditing work                     accordance with U.S. generally
                                               or upwardly revised reporting                           performed for the branch or agency by,                   accepted auditing standards by a
                                               thresholds for these data items in the                  or on behalf of, the parent organization                 certified public accounting firm’’
                                               Call Report. In an effort to maintain                   during the preceding calendar year. In                2 = ‘‘Independent annual audit of the
                                               consistency between the FFIEC 002, the                  completing Memorandum item 17, each                      branch or agency conducted in
                                               FFIEC 002S, and the Call Report, the                    institution selects from seven statements                accordance with home-country
                                               burden-reducing changes identified for                  describing a range of levels of auditing                 auditing standards by an independent
                                               the Call Report have been incorporated                  work the one statement that best                         accounting firm.’’
                                               into this proposal where applicable. In                 describes the level of auditing work
                                                                                                                                                                Because these statements no longer
                                               addition, the proposed revisions ensure                 performed for it. Certain statements
                                                                                                                                                             fully and properly describe the types of
                                               the reporting of data on equity                         from which an institution must choose
                                                                                                                                                             external auditing services performed for
                                               investments in several FFIEC 002                        do not reflect current auditing practices
                                                                                                                                                             institutions under current professional
                                               schedules is consistent with changes in                 performed in accordance with
                                                                                                                                                             standards and to enhance the
                                               the accounting standards applicable to                  applicable standards and procedures
                                                                                                       promulgated by the U.S. auditing                      information institutions provide the
                                               such investments. All of the revisions in
                                                                                                       standard setters, namely the Public                   agencies annually about the level of
                                               this proposal have been implemented or
                                                                                                       Company Accounting Oversight Board                    auditing external work performed for
                                               proposed to be implemented in the Call
                                                                                                       (PCAOB) and the Auditing Standards                    them, the agencies are proposing to
                                               Report.
                                                                                                       Board (ASB) of the American Institute of              replace existing statements 1 and 2 with
                                               II. General Discussion and Detail of                    Certified Public Accountants. The                     new statements 1a and 1b and revised
                                               Specific Proposed Revisions                             PCAOB establishes auditing and related                statement 2. These statements would
                                                  The proposed revisions are meant to                  professional practice standards used in               read as follows:
                                               align with revisions either implemented                 the performance and reporting of audits                  1a = ‘‘An integrated audit of the
                                               or proposed to be implemented in the                    of the financial statements and the                   branch or agency and its internal control
                                               Call Report. Below is a list of the                     internal control over financial reporting             over financial reporting conducted in
                                               specific proposed revisions to the FFIEC                (ICFR) of public companies. The ASB                   accordance with the auditing standards
                                               002 and FFIEC 002S. The proposed                        establishes auditing and quality control              of the American Institute of Certified
                                               revisions are segmented by schedule                     standards applicable to the performance               Public Accountants (AICPA) or the
                                               except for the revisions relating to the                and issuance of audit reports for entities            Public Company Accounting Oversight
                                               accounting for equity securities, which                 that are not public companies, e.g.                   Board (PCAOB) by an independent
                                               can be found following the section                      private companies.                                    public accountant.’’
                                               regarding proposed revisions to FFIEC                      The PCAOB’s Auditing Standard No.                     1b = ‘‘An audit of the branch or
                                               002 Schedule S, Servicing,                              5 (AS 5), An Audit of Internal Control                agency conducted in accordance with
                                               Securitization, and Asset Sale                          Over Financial Reporting That Is                      the auditing standards of the AICPA or
                                               Activities. Other than proposed                         Integrated with An Audit of Financial                 the PCAOB by an independent public
                                               revisions to the Report of Assets and                   Statements, became effective for fiscal               accountant.’’
                                               Liabilities in the next paragraph, which                years ending on or after November 15,                    2 = ‘‘An audit of the branch or agency
                                               pertain to both the FFIEC 002 and the                   2007, and provides guidance regarding                 conducted in accordance with home-
                                               FFIEC 002S, all other proposed                          the integration of audits of ICFR with                country auditing standards by an
                                               revisions pertain only to the FFIEC 002.                audits of financial statements for public             independent public accountant.’’
                                                                                                       companies. Those public companies not                    Further, the agencies also propose to
                                               Schedule RAL (FFIEC 002) and Report                     required to undergo an integrated audit               revise the caption to Memorandum item
                                               of Assets and Liabilities (FFIEC 002S)                  must have an audit of their financial                 17 to explicitly state that the work is
                                                 In an effort to improve clarity,                      statements.                                           performed by independent external
                                               conformity with current accounting                         The ASB has separately provided                    auditors and to remove the reference to
                                               terminology, and internal consistency                   similar guidance in Statement on                      work performed on behalf of the parent
                                               across schedules, the agencies propose                  Auditing Standards Number 130 (SAS                    organization.
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                                               to revise the caption in the FFIEC 002                  130), An Audit of Internal Control Over                  The agencies also propose to
                                                                                                       Financial Reporting That Is Integrated                consolidate the detail on the fair value
                                                  1 See 80 FR 56539 (September 18, 2015), 81 FR        With an Audit of Financial Statements,                and the unpaid principal balance of
                                               45357 (July 13, 2016), 81 FR 54190 (August 15,          which became effective for integrated                 loans held for trading collected in
                                               2016), 82 FR 2444 (January 9, 2017), 82 FR 29147
                                               (June 27, 2017), and 82 FR 51908 (November 8,
                                                                                                       audits for periods ending on or after                 Schedule RAL. For loans secured by 1–
                                               2017) for information on other actions taken under      December 15, 2016. Consistent with the                4 family residential properties,
                                               this initiative.                                        PCAOB, the ASB states in SAS 130 that                 breakouts for revolving, open-end loans


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                                                                        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                             61297

                                               secured by 1–4 family residential                       Part I, must be completed by all                      a branch reports ‘‘Yes’’ in item 1.a, then
                                               properties and extended under lines of                  institutions, Memorandum items 5 and                  it must provide the number of
                                               credit, as well as closed-end loans                     6 also must be completed by all                       ‘‘Commercial and industrial loans to
                                               secured by 1–4 family residential                       institutions although only a nominal                  U.S. addressees’’ outstanding in item
                                               properties, would be consolidated into a                number of institutions have disclosed                 1.b. This change aligns this schedule
                                               single item. In addition, construction,                 reportable amounts for any of the                     with revisions made to the
                                               land development, and other land loans;                 categories of fair value option loans                 corresponding schedule in the FFIEC
                                               loans secured by farmland; loans                        reported in the subitems of these two                 031 Call Report.
                                               secured by multifamily (5 or more)                      Memorandum items. Accordingly, the
                                                                                                                                                             Schedule Q
                                               residential properties; and loans secured               agencies are proposing to move
                                               by nonfarm nonresidential properties                    Memorandum items 5 and 6 on the fair                     The agencies propose to modify the
                                               would be consolidated into a single                     value and unpaid principal balance of                 reporting criteria for Schedule Q,
                                               item. Specifically, existing                            fair value option loans from Schedule C,              Financial Assets and Liabilities
                                               Memorandum items 5.a.(3)(a) and                         Part I, to Schedule Q, Financial Assets               Measured at Fair Value on a Recurring
                                               5.a.(3)(b) would be consolidated into                   and Liabilities Measured at Fair Value                Basis, by applying only an activity
                                               new Memorandum item 5.a.(1), while                      on a Recurring Basis, and to designate                threshold and not an asset-size
                                               existing Memorandum items 5.a.(1),                      them as Memorandum items 3 and 4,                     threshold, which currently is $500
                                               5.a.(2), 5.a.(4), and 5.a.(5) would be                  respectively.                                         million. As proposed, Schedule Q is to
                                               consolidated into new Memorandum                           The agencies also propose to                       be completed by branches and agencies
                                               item 5.a.(2). Existing Memorandum                       consolidate the detail on loans held for              that (1) have elected to report financial
                                               items 6.a.(3)(a) and 6.a.(3)(b) would be                investment or held for sale measured at               instruments or servicing assets and
                                               consolidated into new Memorandum                        fair value and the unpaid principal                   liabilities at fair value under a fair value
                                               item 6.a.(1), while existing                            balance of such loans that would be                   option with changes in fair value
                                               Memorandum items 6.a.(1), 6.a.(2),                      moved to Schedule Q. Breakouts for                    recognized in earnings, or (2) reported
                                               6.a.(4), and 6.a.(5) would be                           revolving, open-end loans secured by 1–               total trading assets of $10 million or
                                               consolidated into new Memorandum                        4 family residential properties and                   more in any of the four preceding
                                               item 6.a.(2). The agencies no longer                    extended under lines of credit, as well               calendar quarters. Institutions that do
                                               need this current level of detail on loans              as closed-end loans secured by 1–4                    not meet either of these criteria would
                                               held for trading in the FFIEC 002.                      family residential properties, would be               no longer need to complete this
                                                                                                       consolidated into a single item for loans             schedule, regardless of asset size. The
                                               Schedule A                                              secured by 1–4 family residential                     agencies believe the activity thresholds
                                                  On Schedule A, Cash and Balances                     properties. In addition, construction,                are more appropriate than the existing
                                               Due from Depository Institutions, the                   land development, and other land loans;               simple asset-size threshold for
                                               agencies propose to consolidate the                     loans secured by farmland; loans                      determining which institutions must
                                               reporting of an institution’s balances                  secured by multifamily (5 or more)                    complete this schedule.
                                               due from depository institutions in the                 residential properties; and loans secured                The agencies also propose to raise the
                                               U.S., which are currently reported in                   by nonfarm nonresidential properties                  dollar portion of the threshold from
                                               items 3.a for balances due from U.S.                    would be consolidated into a single item              $25,000 to $100,000 for itemizing and
                                               branches and agencies of foreign banks                  for loans secured by real estate other                describing the components of ‘‘All other
                                               (including their international banking                  than 1–4 family residential properties.               assets’’ and ‘‘All other liabilities,’’
                                               facilities (IBFs)) and 3.b for balances                 Specifically, existing Memorandum                     which are reported in Memorandum
                                               due from other depository institutions                  items 5.a.(3)(a) and 5.a.(3)(b) would be              items 1 and 2, respectively. The
                                               in the U.S. (including their IBFs), into                consolidated into new Memorandum                      percentage portion of the existing
                                               a single item 3. In addition, the agencies              item 5.a.(1), while existing                          thresholds would not be changed. Based
                                               propose to consolidate the reporting of                 Memorandum items 5.a.(1), 5.a.(2),                    on a preliminary evaluation of the
                                               an institution’s balances due from                      5.a.(4), and 5.a.(5) would be                         existing reporting thresholds, the
                                               foreign branches of U.S. banks (item                    consolidated into new Memorandum                      agencies have concluded that the dollar
                                               4.a), balances due from banks in the                    item 5.a.(2). Existing Memorandum                     portion of the thresholds that currently
                                               reporting institution’s home country                    items 6.a.(3)(a) and 6.a.(3)(b) would be              apply to these items can be increased to
                                               and its home country central bank (item                 consolidated into new Memorandum                      provide a reduction in reporting burden
                                               4.b), and balances due from all other                   item 6.a.(1), while existing                          without a loss of data that would be
                                               banks in foreign countries and foreign                  Memorandum items 6.a.(1), 6.a.(2),                    necessary for supervisory or other
                                               central banks (item 4.c), into a single                 6.a.(4), and 6.a.(5) would be                         public policy purposes.
                                               item 4, Balances due from banks in                      consolidated into new Memorandum
                                               foreign countries and foreign central                   item 6.a.(2). The agencies no longer                  Schedule S
                                               banks. The agencies no longer need this                 need this current level of detail in the                The agencies propose the following
                                               current level of detail for these balances              FFIEC 002.                                            revisions to Schedule S, Servicing,
                                               in the FFIEC 002.                                                                                             Securitization, and Asset Sale
                                                                                                       Schedule C—Part II                                    Activities, as they no longer need the
                                               Schedule C—Part I                                          The agencies propose to remove items               current level of detail on securitization
                                                 At present, institutions that have                    1.a and 1.b on Schedule C, Part II, Loans             and asset sale activities in the FFIEC
                                               elected to measure loans held for                       to Small Businesses and Small Farms.                  002:
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                                               investment or held for sale at fair value               Item 1.a requires FDIC-insured branches                 (1) Consolidate the maximum amount
                                               under a fair value option are required to               to indicate on an annual basis whether                of credit exposures arising from
                                               report the fair value and unpaid                        all or substantially all of the                       recourse or other seller-provided credit
                                               principal balance of such loans in                      institution’s dollar volume of reported               enhancements in the forms of retained
                                               Memorandum items 5 and 6,                               ‘‘Commercial and industrial loans to                  interest-only strips, subordinated
                                               respectively, of Schedule C, Part I,                    U.S. addressees’’ consist of loans with               securities and other residual interests,
                                               Loans and Leases. Because Schedule C,                   original amounts of $100,000 or less. If              and standby letters of credit and other


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                                               61298                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               enhancements reported in items 2.a, 2.b,                in column G, ‘‘All other loans, all leases,           measure equity investments that do not
                                               and 2.c, respectively, into a single new                and all other assets.’’                               have readily determinable fair values at
                                               item 2.                                                   (8) Consolidate columns B through F                 cost minus impairment, if any, plus or
                                                  (2) Create a reporting threshold of                  of item 12, which contain the maximum                 minus changes resulting from
                                               $100 billion or more in total assets for                amount of credit exposure arising from                observable price changes in orderly
                                               reporting in item 3, which is for                       recourse or other seller-provided credit              transactions for the identical or a similar
                                               reporting unused commitments to                         enhancements on assets sold with                      investment of the same issuer.’’
                                               provide liquidity to structures reported                recourse or other seller-provided credit                 The instructions to the FFIEC 002
                                               in item 1 involving assets sold and                     enhancements and not securitized, into                require that respondents must utilize
                                               securitized by the reporting institution                existing column G. The activities                     U.S. GAAP when filing the report. The
                                               with servicing retained or with recourse                covered in columns B through F pertain                agencies propose to revise the FFIEC
                                               or other seller-provided credit                         to home equity lines, credit card                     002 report form and instructions to
                                               enhancements.                                           receivables, auto loans, other consumer               account for the changes to U.S. GAAP
                                                  (3) Consolidate ownership (or seller’s)              loans, and commercial and industrial                  set forth in ASU 2016–01.2 These
                                               interests carried as securities and loans,              loans, respectively. The amounts                      proposed revised reporting
                                               which are reported in items 6.a and 6.b,                previously reported in columns B                      requirements would become effective
                                               respectively, into a single new item 6.                 through F would be included in column                 for different sets of respondents as those
                                               The agencies also propose to create a                   G, ‘‘All other loans, all leases, and all             respondents become subject to the ASU.
                                               reporting threshold of $10 billion or                   other assets.’’                                       Institutions that are public business
                                               more in total assets for reporting this                   (9) Create a reporting threshold of $10             entities, as defined in U.S. GAAP, are
                                               new combined item 6.                                    billion or more in total assets for                   subject to ASU 2016–01 for fiscal years
                                                  (4) Remove items 7.a and 7.b, which                  reporting detail on asset-backed                      beginning after December 15, 2017,
                                               contain loan amounts included in                        commercial paper conduits in                          including interim periods within those
                                               ownership (or seller’s) interests carried               Memorandum item 1. Institutions report                fiscal years. Therefore, for an institution
                                               as securities that are 30–89 days past                  the maximum amount of credit                          with a calendar year fiscal year that is
                                               due and 90 days or more past due,                       exposure arising from credit                          a public business entity, the proposed
                                               respectively.                                           enhancements provided to asset-backed                 revised reporting requirements would
                                                  (5) Consolidate columns B and C of                   commercial paper conduits sponsored                   become effective for its FFIEC 002 for
                                               item 9, which contain the maximum                       by the reporting institution or related               June 30, 2018. As discussed below,
                                               amount of credit exposure arising from                  institutions, and by unrelated                        interim guidance would be provided for
                                               credit enhancements provided by the                     institutions, in Memorandum items                     purposes of reporting by such an
                                               reporting institution to other                          1.a.(1) and 1.a.(2), respectively.                    institution in accordance with the ASU
                                               institutions’ securitization structures,                Institutions report unused commitments                in its FFIEC 002 for March 31, 2018. All
                                               into existing column G. The activities                  to provide liquidity to asset-backed                  other institutions become subject to the
                                               covered in columns B and C pertain to                   commercial paper conduits sponsored                   ASU for fiscal years beginning after
                                               home equity lines and credit card                       by the reporting institution or related               December 15, 2018, and interim periods
                                               receivables, respectively. The amounts                  institutions, and by unrelated                        within fiscal years beginning after
                                               previously reported in columns B and C                  institutions, in Memorandum items                     December 15, 2019. Therefore, for an
                                               would be reported in column G, ‘‘All                    1.b.(1) and M.1.b.(2), respectively.                  institution with a calendar year fiscal
                                               other loans, all leases, and all other                                                                        year that is not a public business entity,
                                               assets.’’                                               Proposed Revisions to Address Changes
                                                                                                       in Accounting for Equity Investments                  the proposed revised reporting
                                                  (6) Create a reporting threshold of $10                                                                    requirements would become effective
                                               billion or more in total assets for                        In January 2016, the Financial                     for its FFIEC 002 for December 31, 2019.
                                               reporting unused commitments to                         Accounting Standards Board (FASB)                     The period over which institutions will
                                               provide liquidity to other institutions’                issued Accounting Standards Update                    be implementing this ASU ranges from
                                               securitization structures in item 10. The               (ASU) No. 2016–01, ‘‘Recognition and                  the first quarter of 2018 through the
                                               agencies also propose to consolidate                    Measurement of Financial Assets and                   fourth quarter of 2020. December 31,
                                               columns B and C of item 10 into                         Financial Liabilities.’’ In its summary of            2020, will be the first quarter-end FFIEC
                                               existing column G. The activities                       this ASU, the FASB described how one                  002 report date as of which all
                                               covered in columns B and C pertain to                   of the main provisions of the ASU                     institutions would be required to
                                               home equity lines and credit card                       differs from current U.S. generally                   prepare their FFIEC 002 in accordance
                                               receivables, respectively. The amounts                  accepted accounting principles (GAAP)                 with ASU 2016–01 and the proposed
                                               previously reported in columns B and C                  as follows:                                           revised reporting requirements.
                                               by institutions with $10 billion or more                   The amendments in this Update supersede               The changes to the accounting for
                                               in total assets would be included in                    the guidance to classify equity securities with       equity investments under ASU 2016–01
                                               column G, ‘‘All other loans, all leases,                readily determinable fair values into different       will affect several existing data items in
                                               and all other assets.’’                                 categories (that is, trading or available-for-        the FFIEC 002. One outcome of these
                                                  (7) Consolidate columns B through F                  sale) and require equity securities (including        accounting changes is the elimination of
                                               of item 11, which contain assets sold                   other ownership interests, such as
                                                                                                       partnerships, unincorporated joint ventures,          the concept of available-for-sale (AFS)
                                               with recourse or other seller-provided                                                                        equity securities, which are measured at
                                                                                                       and limited liability companies) to be
                                               credit enhancements and not                             measured at fair value with changes in the            fair value on the balance sheet with
                                               securitized, into existing column G. The                fair value recognized through net income. An          changes in fair value recognized through
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                                               activities covered in columns B through                 entity’s equity investments that are                  other comprehensive income. At
                                               F pertain to home equity lines, credit                  accounted for under the equity method of              present, the historical cost and fair
                                               card receivables, auto loans, other                     accounting or result in consolidation of an           value of AFS equity securities, i.e.,
                                               consumer loans, and commercial and                      investee are not included within the scope of
                                                                                                       this Update.
                                                                                                                                                             investments in mutual funds and other
                                               industrial loans, respectively. The
                                               amounts previously reported in                            The FASB further stated in the                        2 No revisions to the FFIEC 002S regarding equity

                                               columns B through F would be included                   summary that ‘‘an entity may choose to                securities are being proposed.



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                                                                        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                            61299

                                               equity securities with readily                          securities and other equity investments               average of all debt securities not held for
                                               determinable fair values that are not                   are currently reported in the FFIEC 002,              trading on an amortized cost basis, and
                                               held for trading, are reported in                       which has been described above.                          • Institutions that have not adopted
                                               Schedule RAL, item 1.c.(4), ‘‘All other’’               Accordingly, the proposed revisions to                ASU 2016–01 should reflect the
                                               bonds, notes, debentures, and corporate                 the FFIEC 002 report form and                         quarterly average for all securities not
                                               stock, and Memorandum item 3, ‘‘Fair                    instructions to address the equity                    held for trading on an amortized cost
                                               value of available-for-sale securities.’’               securities accounting changes are as                  basis.
                                               The total fair value of AFS securities                  follows:                                                 Then, effective December 31, 2020,
                                               reported in Schedule RAL,                                  (1) In Schedule RAL, Assets and                    the instructions for item 5 would
                                               Memorandum item 3, also is reported in                  Liabilities, a new Memorandum item 4,                 indicate that, for debt securities not held
                                               item 1, column A, of Schedule Q.                        ‘‘Fair value of equity securities with                for trading, the quarterly average for
                                               Institutions then report in columns C, D,               readily determinable fair values not                  total claims should reflect such
                                               and E of item 1 of Schedule Q a                         held for trading,’’ would be added                    securities on an amortized cost basis.
                                               breakdown of their AFS securities by                    effective June 30, 2018. From June 30,                   (4) In Schedule O, Other Data for
                                               the level in the fair value hierarchy                   2018, through September 30, 2020, the                 Deposit Insurance Assessments, the
                                               within which the fair value amounts of                  instructions for Memorandum item 4                    instructions for item 4, ‘‘Average
                                               these securities fall (Level 1, 2, or 3).               and the reporting form for Schedule                   consolidated total assets for the calendar
                                               Any balance sheet netting adjustments                   RAL would include guidance stating                    quarter,’’ would include guidance from
                                               to these fair value amounts are reported                that Memorandum item 4 is to be                       June 30, 2018, through September 30,
                                               in column B of item 1 of Schedule Q.                    completed only by institutions that have              2020, stating that, for purposes of
                                                  Another outcome of the changes in                    adopted ASU 2016–01. Institutions that                reporting the quarterly average for total
                                               the accounting for equity investments                   have not adopted ASU 2016–01 would                    assets:
                                               under ASU 2016–01 is that equity                        leave Memorandum item 4 blank.                           • Institutions that have adopted ASU
                                               securities and other equity investments                 Existing Memorandum items 3, ‘‘Fair                   2016–01 should reflect the quarterly
                                               without readily determinable fair values                value of available-for-sale securities,’’             average for debt securities not held for
                                               that are within the scope of ASU 2016–                  and 4, ‘‘Amortized cost of available-for-             trading at amortized cost, and
                                               01 and are not held for trading must be                 sale securities,’’ would be renumbered                   • Institutions that have not adopted
                                               measured at fair value through net                      as Memorandum items 3.a and 3.b,                      ASU 2016–01 should reflect the
                                               income, rather than at cost (less                       respectively, effective June 30, 2018.                quarterly average for all debt securities
                                               impairment, if any), unless the                         During the period from June 30, 2018,                 not held for trading at amortized cost,
                                               measurement election described above                    through September 30, 2020, the                       available-for-sale equity securities with
                                               is applied to individual equity                         instructions for Schedule RAL,                        readily determinable fair values at the
                                               investments. In general, institutions                   Memorandum items 3.a and 3.b, would                   lower of cost or fair value, and equity
                                               currently report their holdings of such                 explain that institutions that have                   securities without readily determinable
                                               equity securities without readily                       adopted ASU 2016–01 should include                    fair values at historical cost.
                                               determinable fair values as a component                 only debt securities in Memorandum                       Then, effective December 31, 2020,
                                               of other assets in Schedule RAL, item                   items 3.a and 3.b. Effective December                 the instructions for item 4 would
                                               1.h.                                                    31, 2020, the caption for Memorandum                  indicate that, for debt securities not held
                                                  At present, AFS equity securities and                items 3.a and 3.b would be revised to                 for trading, the quarterly average for
                                               equity investments without readily                      ‘‘Fair value of available-for-sale debt               total assets should reflect such
                                               determinable fair values are included in                securities’’ and ‘‘Amortized cost of                  securities at amortized cost.
                                               the quarterly averages reported in                      available-for-sale debt securities,’’                    (5) In Schedule Q, the caption for item
                                               Schedule K, Quarterly Averages.                         respectively, and all institutions would              1, ‘‘Available-for-sale securities,’’ would
                                               Institutions report the quarterly average               report their holdings of equity securities            be changed to ‘‘Available-for-sale debt
                                               for ‘‘Total claims on nonrelated parties’’              with readily determinable fair values                 securities and equity securities with
                                               in item 5 of this schedule. This average                not held for trading in Memorandum                    readily determinable fair values not
                                               reflects all equity securities not held for             item 4.                                               held for trading’’ effective June 30, 2018.
                                               trading on a cost basis. In addition, for                  (2) In Schedule RAL, equity securities             From June 30, 2018, through September
                                               branches whose deposits are insured by                  and other equity investments without                  30, 2020, the instructions for item 1 and
                                               the FDIC, AFS equity securities and                     readily determinable fair values not                  the reporting form for Schedule Q
                                               equity investments without readily                      held for trading, which are currently                 would include guidance stating that, for
                                               determinable fair values are included in                reported in item 1.h, would continue to               institutions that have adopted ASU
                                               the quarterly averages reported in                      be reported in this item. However, the                2016–01, the amount reported in item 1,
                                               Schedule O, Other Data for Deposit                      instructions would be revised as of June              column A, must equal the sum of
                                               Insurance Assessments. Institutions                     30, 2018, to state that, after the effective          Schedule RAL, Memorandum items 3.a
                                               report the quarterly average for                        date of ASU 2016–01 for an institution,               and 4, and for institutions that have not
                                               ‘‘Average consolidated total assets for                 the equity securities and other equity                adopted ASU 2016–01, the amount
                                               the calendar quarter’’ in item 4 of this                investments the institution reports in                reported in item 1, column A, must
                                               schedule. This average reflects AFS                     item 1.h would be measured in                         equal Schedule RAL, Memorandum
                                               equity securities with readily                          accordance with the ASU.                              item 3.a. Effective December 31, 2020,
                                               determinable fair values at the lower of                   (3) In Schedule K, Quarterly Averages,             this guidance would indicate that the
                                               cost or fair value, and equity securities               the instructions for item 5, ‘‘Total                  amount reported in item 1, column A,
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                                               without readily determinable fair values                claims on nonrelated parties,’’ would                 must equal the sum of Schedule RAL,
                                               at historical cost.                                     include guidance from June 30, 2018,                  Memorandum items 3.a and 4.
                                                  The agencies have considered the                     through September 30, 2020, stating                      Institutions that apply ASU 2016–01
                                               changes to the accounting for equity                    that, for purposes of reporting the                   in the first quarter of 2018 will need to
                                               investments under ASU 2016–01 and                       quarterly average for total claims:                   report their holdings of equity securities
                                               the effect of these changes on the                         • Institutions that have adopted ASU               and other equity investments in
                                               manner in which data on equity                          2016–01 should reflect the quarterly                  accordance with this accounting


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                                               61300                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               standard within the existing structure of               information collections, including the                CC–5610 (Annex D), Washington, DC
                                               the FFIEC 002 for March 31, 2018.                       validity of the methodology and                       20580, or deliver your comment to the
                                               Interim guidance accompanying the                       assumptions used;                                     following address: Federal Trade
                                               Board’s transmittal letter to institutions                c. Ways to enhance the quality,                     Commission, Office of the Secretary,
                                               for the March 31, 2018, report date will                utility, and clarity of the information to            Constitution Center, 400 7th Street SW,
                                               advise institutions that have adopted                   be collected;                                         5th Floor, Suite 5610 (Annex D),
                                               ASU 2016–01 to (a) continue to report                     d. Ways to minimize the burden of the               Washington, DC 20024.
                                               the fair value and historical cost of their             information collections on respondents,               FOR FURTHER INFORMATION CONTACT:
                                               holdings of equity securities with                      including through the use of automated                Nicholas Bush, (202–326–2848), Bureau
                                               readily determinable fair values not                    collection techniques or other forms of               of Competition, 600 Pennsylvania
                                               held for trading (which were reportable                 information technology; and                           Avenue NW, Washington, DC 20580.
                                               as available-for-sale equity securities                   e. Estimates of capital or start up costs
                                                                                                                                                             SUPPLEMENTARY INFORMATION: Pursuant
                                               prior to the adoption of ASU 2016–01)                   and costs of operation, maintenance,
                                                                                                       and purchase of services to provide                   to Section 6(f) of the Federal Trade
                                               in existing Memorandum items 3 and 4                                                                          Commission Act, 15 U.S.C. 46(f), and
                                               of Schedule RAL; (b) measure their                      information.
                                                                                                         Comments submitted in response to                   FTC Rule 2.34, 16 CFR 2.34, notice is
                                               holdings of equity securities and other
                                                                                                       this notice will be shared among the                  hereby given that the above-captioned
                                               equity investments without readily
                                                                                                       agencies. All comments will become a                  consent agreement containing a consent
                                               determinable fair values not held for
                                                                                                       matter of public record.                              order to cease and desist, having been
                                               trading in accordance with the ASU and
                                                                                                                                                             filed with and accepted, subject to final
                                               continue to report them in Schedule                       Board of Governors of the Federal Reserve           approval, by the Commission, has been
                                               RAL, item 1.h; (c) report Schedule K,                   System, December 21, 2017.
                                                                                                                                                             placed on the public record for a period
                                               item 5, consistent with the measurement                 Margaret Shanks,                                      of thirty (30) days. The following
                                               of Schedule RAL, item 1.i, except that                  Deputy Secretary of the Board.                        Analysis to Aid Public Comment
                                               all debt securities not held for trading                [FR Doc. 2017–27942 Filed 12–26–17; 8:45 am]          describes the terms of the consent
                                               should be measured on an amortized
                                                                                                       BILLING CODE 6210–01–P                                agreement, and the allegations in the
                                               cost basis; (d) report Schedule O, item
                                                                                                                                                             complaint. An electronic copy of the
                                               4, consistent with the measurement of
                                                                                                                                                             full text of the consent agreement
                                               Schedule RAL, item 3, except that all
                                                                                                       FEDERAL TRADE COMMISSION                              package can be obtained from the FTC
                                               debt securities not held for trading
                                                                                                                                                             Home Page (for December 15, 2017), on
                                               should be measured at amortized cost;                   [File No. 171 0184]
                                                                                                                                                             the World Wide Web, at https://
                                               and (e) continue to report the amount
                                                                                                       Alimentation Couche-Tard Inc. and                     www.ftc.gov/news-events/commission-
                                               from Memorandum item 3 of Schedule
                                                                                                       CrossAmerica Partners LP; Analysis                    actions.
                                               RAL in Schedule Q, item 1, column A.                                                                             You can file a comment online or on
                                                                                                       To Aid Public Comment
                                               III. Timing                                                                                                   paper. For the Commission to consider
                                                                                                       AGENCY:    Federal Trade Commission.                  your comment, we must receive it on or
                                                  The proposed changes to the report
                                               forms and instructions described in this                ACTION:   Proposed consent agreement.                 before January 15, 2018. Write
                                               notice would be implemented as of the                                                                         ‘‘Alimentation Couche-Tard, Inc. (ACT)
                                                                                                       SUMMARY:   The consent agreement in this              et al.; FTC File No. 1710184’’ on your
                                               June 30, 2018, report date. However, as                 matter settles alleged violations of
                                               discussed above, the proposed revised                                                                         comment. Your comment—including
                                                                                                       federal law prohibiting unfair methods                your name and your state—will be
                                               reporting requirements for equity                       of competition. The attached Analysis to
                                               investments would have varying                                                                                placed on the public record of this
                                                                                                       Aid Public Comment describes both the                 proceeding, including, to the extent
                                               effective dates for individual                          allegations in the complaint and the
                                               respondents and would begin with the                                                                          practicable, on the public Commission
                                                                                                       terms of the consent orders—embodied                  website, at https://www.ftc.gov/policy/
                                               June 30, 2018, report date. The agencies                in the consent agreement—that would
                                               invite comment on any difficulties that                                                                       public-comments.
                                                                                                       settle these allegations.                                Postal mail addressed to the
                                               institutions would expect to encounter                  DATES: Comments must be received on
                                               in implementing the systems and                                                                               Commission is subject to delay due to
                                                                                                       or before January 15, 2018.                           heightened security screening. As a
                                               process changes necessary to
                                                                                                       ADDRESSES: Interested parties may file a              result, we encourage you to submit your
                                               accommodate the proposed revisions to
                                               the FFIEC 002 and FFIEC 002S as of this                 comment online or on paper, by                        comments online. To make sure that the
                                               proposed effective date.                                following the instructions in the                     Commission considers your online
                                                  The specific wording of the captions                 Request for Comment part of the                       comment, you must file it at https://
                                               for the new or revised data items                       SUPPLEMENTARY INFORMATION section                     ftcpublic.commentworks.com/ftc/
                                               discussed in this proposal and the                      below. Write: ‘‘Alimentation Couche-                  actholidaydivest by following the
                                               numbering of these data items may be                    Tard, Inc. (ACT) et al.; FTC File No.                 instructions on the web-based form. If
                                               modified to provide clarity.                            1710184’’ on your comment, and file                   this Notice appears at http://
                                                                                                       your comment online at https://                       www.regulations.gov/#!home, you also
                                               IV. Request for Comment                                 ftcpublic.commentworks.com/ftc/                       may file a comment through that
                                                 Public comment is requested on all                    actholidaydivest by following the                     website.
                                               aspects of this notice. Comment is                      instructions on the web-based form. If                   If you prefer to file your comment on
                                               specifically invited on:                                you prefer to file your comment on                    paper, write ‘‘Alimentation Couche-
daltland on DSKBBV9HB2PROD with NOTICES




                                                 a. Whether the information                            paper, write ‘‘Alimentation Couche-                   Tard, Inc. (ACT) et al.; FTC File No.
                                               collections are necessary for the proper                Tard, Inc. (ACT) et al.; FTC File No.                 1710184’’ on your comment and on the
                                               performance of the agencies’ functions,                 1710184’’ on your comment and on the                  envelope, and mail your comment to the
                                               including whether the information has                   envelope, and mail your comment to the                following address: Federal Trade
                                               practical utility;                                      following address: Federal Trade                      Commission, Office of the Secretary,
                                                 b. The accuracy of the agencies’                      Commission, Office of the Secretary,                  600 Pennsylvania Avenue NW, Suite
                                               estimate of the burden of the                           600 Pennsylvania Avenue NW, Suite                     CC–5610 (Annex D), Washington, DC


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Document Created: 2017-12-27 02:24:00
Document Modified: 2017-12-27 02:24:00
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 and request for comment.
DatesComments must be submitted on or before February 26, 2018.
ContactFor further information about the proposed revisions to the FFIEC 002 and FFIEC 002S discussed in this notice, please contact the agency staff member whose name appears below. In addition, copies of the FFIEC 002 and FFIEC 002S forms can be obtained at the FFIEC's website (https://www.ffiec.gov/ ffiec_report_forms.htm).
FR Citation82 FR 61294 

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