82_FR_9295 82 FR 9273 - Agency Information Collection Activities: Revision of an Approved Information Collection; Submission for OMB Review; Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions With Total Consolidated Assets of $50 Billion or More Under the Dodd-Frank Wall Street Reform and Consumer Protection Act

82 FR 9273 - Agency Information Collection Activities: Revision of an Approved Information Collection; Submission for OMB Review; Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions With Total Consolidated Assets of $50 Billion or More Under the Dodd-Frank Wall Street Reform and Consumer Protection Act

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9273-9277
FR Document2017-02255

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a revision to this information collection, as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Currently, the OCC is finalizing a revision to a regulatory reporting requirement for national banks and federal savings associations titled, ``Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $50 Billion or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act.'' The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017)
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9273-9277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02255]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Revision of an Approved 
Information Collection; Submission for OMB Review; Company-Run Annual 
Stress Test Reporting Template and Documentation for Covered 
Institutions With Total Consolidated Assets of $50 Billion or More 
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act

AGENCY: Office of the Comptroller of the Currency, Treasury (OCC).

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to comment on a revision to this information collection, as 
required by the Paperwork Reduction Act of 1995 (PRA). An agency may 
not conduct or sponsor, and a respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number. Currently, the OCC is 
finalizing a revision to a regulatory reporting requirement for 
national banks and federal savings associations titled, ``Company-Run 
Annual Stress Test Reporting Template and Documentation for Covered 
Institutions with Total Consolidated Assets of $50 Billion or More 
under the Dodd-Frank Wall Street Reform and Consumer Protection Act.'' 
The OCC also is giving notice that it has sent the collection to OMB 
for review.

DATES: Comments must be received by March 6, 2017.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0319, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to [email protected]. You may 
personally inspect and photocopy comments at the OCC, 400 7th Street 
SW., Washington, DC 20219. For security reasons, the OCC requires that 
visitors make an appointment to inspect comments. You may do so by 
calling (202) 649-6700 or, for persons who are deaf or hard of hearing, 
TTY, (202) 649-5597. Upon arrival, visitors will be required to present 
valid government-issued photo identification and submit to security 
screening in order to inspect and photocopy comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0319, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: oira 
[email protected].

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th St. SW., 
Washington, DC 20219. In addition, copies of the templates referenced 
in this notice can be found on the OCC's Web site under News and 
Issuances (http://www.occ.treas.gov/tools-forms/forms/bank-operations/stress-test-reporting.html).

SUPPLEMENTARY INFORMATION: The OCC is requesting comment on the 
following revision to an approved information collection:
    Title: Company-Run Annual Stress Test Reporting Template and 
Documentation for Covered Institutions with Total Consolidated Assets 
of $50 Billion or More under the Dodd-Frank Wall Street Reform and 
Consumer Protection Act.
    OMB Control No.: 1557-0319.
    Description: Section 165(i)(2) of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act \1\ (Dodd-Frank Act) requires certain 
financial companies, including national banks and federal savings 
associations, to conduct annual stress tests \2\ and requires the 
primary financial regulatory agency \3\ of those financial companies to 
issue regulations implementing the stress test requirements.\4\ A 
national bank or federal savings association is a ``covered 
institution'' and therefore subject to the stress test requirements if 
its total consolidated assets are more than $10 billion. Under section 
165(i)(2), a covered institution is required to submit to the Board of

[[Page 9274]]

Governors of the Federal Reserve System (Board) and to its primary 
financial regulatory agency a report at such time, in such form, and 
containing such information as the primary financial regulatory agency 
may require.\5\ On October 9, 2012, the OCC published in the Federal 
Register a final rule implementing the section 165(i)(2) annual stress 
test requirement.\6\ This rule describes the reports and information 
collections required to meet the reporting requirements under section 
165(i)(2). These information collections will be given confidential 
treatment to the extent permitted by law (5 U.S.C. 552(b)(4)).
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    \1\ Public Law 111-203, 124 Stat. 1376, July 2010.
    \2\ 12 U.S.C. 5365(i)(2)(A).
    \3\ 12 U.S.C. 5301(12).
    \4\ 12 U.S.C. 5365(i)(2)(C).
    \5\ 12 U.S.C. 5365(i)(2)(B).
    \6\ 77 FR 61238 (October 9, 2012) (codified at 12 CFR 46).
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    In 2012, the OCC first implemented the reporting templates 
referenced in the final rule. See 77 FR 49485 (August 16, 2012) and 77 
FR 66663 (November 6, 2012). The OCC proposed revisions to these 
reporting templates on November 16, 2016.\7\ The OCC is now finalizing 
these revisions as described below.
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    \7\ 81 FR 70717.
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    The OCC intends to use the data collected to assess the 
reasonableness of the stress test results of covered institutions and 
to provide forward-looking information to the OCC regarding a covered 
institution's capital adequacy. The OCC also may use the results of the 
stress tests to determine whether additional analytical techniques and 
exercises could be appropriate to identify, measure, and monitor risks 
at the covered institution. The stress test results are expected to 
support ongoing improvement in a covered institution's stress testing 
practices with respect to its internal assessments of capital adequacy 
and overall capital planning.
    The OCC recognizes that many covered institutions with total 
consolidated assets of $50 billion or more are required to submit 
similar reports to the Board using reporting form FR Y-14A.\8\ The OCC 
also recognizes the Board has modified the FR Y-14A and, to the extent 
practical, the OCC has kept its reporting requirements consistent with 
the Board's FR Y-14A in order to minimize burden on covered 
institutions.\9\
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    \8\ http://www.federalreserve.gov/reportforms.
    \9\ 81 FR 93917 (December 22, 2016).
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    The OCC also recognizes that the Board has proposed an amendment to 
its Capital Plan and Stress Testing rule and that the Board's proposed 
amendment includes modified reporting requirements for bank holding 
companies (BHCs) categorized by the Board as large and noncomplex 
firms.\10\ One commenter urged the OCC to adopt similar modified 
reporting requirements for covered institutions, as well as additional 
reporting relief for covered institutions. In order to minimize 
regulatory burden, the OCC is applying similar changes for a subset of 
covered institutions. In particular, the OCC is not requiring covered 
institutions that are subsidiaries of large, non-complex firms, as 
defined by the Board, to complete the sub-schedules identified in the 
Board's revisions.
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    \10\ 81 FR 67239 (September 30, 2016) (``Under the proposal, 
large and noncomplex firms would no longer be required to complete 
several elements of the FR Y-14A Schedule A (Summary), including the 
Securities OTTI methodology sub-schedule, Securities Market Value 
source sub-schedule, Securities OTTI by security sub-schedule, the 
Retail repurchase sub-schedule, the Trading sub-schedule, 
Counterparty sub-schedule, and Advanced RWA sub-schedule.'').
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    In addition to the changes that parallel the Board's changes to the 
FR Y-14A, the OCC is also implementing a new supplemental schedule to 
collect certain items not included in the Board's FR Y-14A. It is 
anticipated that this data will help the OCC better understand and 
monitor salient risks at covered institutions.

Revisions to Reporting Templates for Institutions With $50 Billion or 
More in Assets

    The revisions to the DFAST-14A reporting templates consist of the 
following:
     Adding line items to the Regulatory Capital Instruments 
Schedule.
     Updating the Summary Schedule to collect items related to 
the supplementary leverage ratio.
     Removing sub-schedules of the Operational Risk Schedule 
for all covered institutions and adding sub-schedules to the 
Operational Risk Schedule for a subset of covered institutions.
     Creating a new supplemental schedule to collect certain 
items not included in the Board's FR Y-14A.
     Requiring a bank-specific scenario. Covered institutions 
would be required to submit bank-specific baseline and stress 
scenarios.
     Requiring the assumption of largest counterparty default. 
The largest trading covered institutions that also submit the Global 
Market Shock scenario would be required to assume the default of their 
largest counterparty in the supervisory severely adverse and adverse 
scenarios.

Bank-Specific Scenarios

    Covered institutions will be required to submit bank-specific 
baseline and bank-specific stress scenarios and associated projections 
for the 2017 annual stress testing submission. While supervisory 
scenarios provide a homogeneous scenario and a consistent market-wide 
view of the condition of the banking sector, these prescribed scenarios 
may not fully capture all of the risks that may be associated with a 
particular institution. The revisions require covered institutions to 
provide bank-specific baseline and bank-specific stress scenarios.
    The OCC recognizes that the Board requires BHCs to submit BHC-
specific baseline and stress scenarios and projections. Where OCC 
covered institutions also submit BHC-specific scenarios, bank-specific 
scenarios must be consistent with the BHC-specific scenarios.
    One commenter objected to the submission of bank-specific 
scenarios. The commenter argued that the submission of a bank-specific 
scenario would be duplicative with the submission of a BHC-specific 
scenario if a covered institution subsidiary constitutes nearly all of 
the BHC's assets. The commenter also argued that, if a covered 
institution represents a smaller fraction of a BHC's assets, then it is 
inappropriate for the bank-specific scenario to be consistent with the 
BHC-specific scenario. The commenter further asked whether the OCC and 
the Board would draw the same conclusions on the adequacy of the BHC-
specific versus bank-specific scenarios.
    While the bank-specific scenario results may be broadly similar to 
the BHC-specific scenario results, especially for holding companies 
where the covered institution includes an overwhelming majority of the 
holding company's total assets and exposures, the holding company's 
nonbank assets may contain risks that are materially different from the 
rest of the holding company's exposures. Applying the bank-specific 
scenario against the covered institution's exposures ensures that 
supervisory analysis is conducted on the covered institution's reported 
numbers, rather than OCC estimates interpolated from results at the 
holding-company level. Furthermore, the holding company and the 
subsidiary national bank or federal savings association may implement 
different capital actions which may result in different capital 
outcomes between the BHC and bank-specific scenarios. Therefore, the 
bank-specific scenario may potentially result in a different assessment 
from the BHC-specific scenario.

[[Page 9275]]

Largest Counterparty Default

    Covered institutions that complete the Global Market Shock are also 
required to complete the Largest Counterparty Default component. The 
completion of the Largest Counterparty Default component is currently 
required by the Board, and the OCC is adopting a similar requirement to 
enhance consistency and comparability of BHC and bank results.

OCC Supplemental Schedule

    The revisions include a new supplemental schedule that collects 
additional information not included in the FR Y-14A. This schedule 
collects additional data on auto lending, commercial exposures, and 
non-U.S. exposures. The schedule also collects information relevant to 
the calculation of the Supplementary Leverage Ratio.\11\
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    \11\ For the OCC Supplemental Schedule, the OCC anticipates that 
covered institutions will use existing models and methodologies to 
furnish the requested information, which provides a more granular 
view on information provided elsewhere in the DFAST-14A. Covered 
institutions should not develop new models or methodologies just to 
provide the loss, balance, provision, and allowance numbers 
requested in the OCC Supplemental Schedule. If existing models and 
methodologies do not generate data at the requested level of 
granularity, covered institutions may use allocations, expert 
judgment, or other methods for projections of balances, losses, and 
allowances. Covered institutions should supply appropriate 
documentation explaining their approach. Institutions should not 
supply ``N/A'' for any fields in the supplemental schedule. If the 
covered institution does not meet the materiality threshold for a 
given item, the institution should leave this item blank.
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    One commenter indicated that covered institutions may have the data 
required for the Supplemental Schedule but that this data may not be 
segmented in the manner used by the Supplemental Schedule. Another 
commenter noted that covered institutions do not have systems in place 
to report the level of granularity required in the schedule, as much of 
the additional information would require substantial systems revisions 
and information technology changes. The OCC understands that existing 
data systems and processes may not be currently designed to align with 
the specific loan types, product types, and other classifications 
delineated on the OCC Supplemental Schedule. As indicated in the OCC's 
proposal, covered institutions should not develop new models or 
methodologies to provide the loss, balance, provision, and allowance 
numbers requested in the OCC Supplemental Schedule. Instead, 
institutions should use existing models and methodologies to furnish 
the requested information. The OCC expects covered institutions to use 
reasonable efforts to supply the data requested by the Supplemental 
Schedule. Also, most items in the OCC Supplemental Schedule include 
materiality thresholds to ensure that only sizeable portfolios and 
exposures, as measured in terms of total assets and as a percentage of 
tier 1 capital, are reported.
    One commenter noted that the additional information to be collected 
in the OCC Supplemental Schedule is already received by the OCC from 
other sources. Certain line items requested in the OCC Supplemental 
Schedule are contained in the Call Report; however, the Call Report 
collects historical information, whereas the OCC Supplemental Schedule 
collects forward-looking projections. Existing sources of information 
do not contain the forward-looking projections which are essential to 
evaluating impact on capital adequacy in adverse and severely adverse 
macroeconomic conditions.
    One commenter suggested that covered institutions will need clear 
instructions about what each line in the Supplemental Schedule 
requires. Another commenter requested that the Supplemental Schedule be 
dropped in its entirety from the final template. Another commenter 
provided detailed feedback on the proposed line items. This commenter 
recommended that (a) owner-occupied commercial real estate (CRE) loans 
be reclassified as commercial and industrial (C&I) loans, especially 
since the Board classifies these loans as C&I in the FR Y-14Q Schedule; 
(b) line items relating to portfolio vacancy rates and weighted-average 
loan to value (LTV) be removed from the schedule; (c) more guidance be 
provided on calculating counterparty funding value adjustment (FVA) 
losses; (d) institutions not be required to submit historical data for 
line items relating to C&I exposures; (e) the OCC provide analysis of 
the purported benefits of the additional information to be provided in 
the Supplemental Schedule; and (f) institutions whose internal modeling 
practices do not align to the regulatory definition with respect to the 
additional granularity in the OCC Supplemental Schedule be permitted to 
use a pro-rata allocation approach or to note ``N/A'' as applicable.
    For certain line items, the OCC has provided North American 
Industry Classification System (NAICS) code industry mappings to 
indicate which obligor-types must be included. Additionally, in the 
final instructions, the OCC has provided additional clarity on which 
obligors must be included for non-U.S. exposures. Line items pertaining 
to leverage exposure for the Supplementary Leverage Ratio are defined 
in the same way as analogous line items contained in the DFAST-14A 
Regulatory Capital Transitions Schedule. In regards to (a), we have re-
categorized these line items as C&I loans rather than CRE loans. For 
(b), we have removed line items for portfolio vacancy rates and 
weighted-average committed LTV throughout the schedule. For (c), only 
those institutions that fill out the trading worksheet are responsible 
for completing this line item. Institutions that do not consider 
counterparty FVA losses within their counterparty credit modeling 
should not complete this item. Institutions that are currently 
calculating counterparty FVA losses should use existing calculations to 
fill out this item and provide information on how this item was 
calculated in the bank's supporting documentation. For (d), as the 
Supplemental Schedule only collects information on the current quarter 
and projected quarters, historical balances and/or losses need not be 
submitted. For (e) and (f), the OCC considers those items included in 
the OCC Supplemental Schedule as material risks which are necessary for 
monitoring and assessing a covered institution's capital adequacy and 
capital planning process. Covered institutions that cannot use existing 
models and methodologies to furnish requested information on the OCC 
Supplemental Schedule may use allocations, expert judgment, or other 
methods for projections of balances, losses, and allowances if data is 
not available at the requested level of granularity. Covered 
institutions should supply appropriate documentation explaining their 
approach. Institutions should not supply ``N/A'' for any fields in the 
Supplemental Schedule. If the covered institution does not meet the 
materiality threshold for a given item, the institution should leave 
this item blank.
    One commenter requested a delay of at least one year before 
requiring submission of the Supplemental Schedule. According to the 
commenter, submissions of this data would require changes in internal 
processes. Another commenter requested a delay of unspecified length 
for the same reasons. As mentioned, covered institutions are expected 
to use existing models and methodologies and to undertake reasonable 
effort to furnish requested information. It is not the OCC's intent to 
cause institutions to redesign existing processes to complete the 
Supplemental Schedule. The OCC considers those items included in the 
OCC

[[Page 9276]]

Supplemental Schedule as material risks which are necessary for 
monitoring and assessing a covered institution's capital adequacy and 
capital planning process.

Summary Schedule--Applicability

    Effective for DFAST 2017, covered institutions that are 
subsidiaries of large, non-complex firms, as defined by the Board, are 
not required to report the following sub-schedules of the Summary 
Schedule: Securities OTTI methodology sub-schedule, Securities Market 
Value source sub-schedule, Securities OTTI by security sub-schedule, 
Retail repurchase sub-schedule, Trading sub-schedule, Counterparty sub-
schedule, and Advanced RWA sub-schedule.\12\ This change increases 
consistency between the DFAST-14A and the FR Y-14A.
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    \12\ All firms will be required to report line item 138 of the 
income statement, as that line item is currently derived from the 
Retail repurchase sub-schedule.
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Other Reporting Template and Instruction Changes

    The other revisions to the DFAST-14A consist of clarifying 
instructions, adding and removing schedules, adding, deleting, and 
modifying existing data items, and altering the as-of dates. These 
changes increase consistency between the DFAST-14A and the FR Y-14A and 
the Call Report.

Summary Schedule, Standardized RWA Worksheet

    The revision includes multiple line item changes intended to 
promote consistency with the FR Y-14A and ensure the collection of 
accurate information.

Summary Schedule, Capital Worksheet

    Covered institutions are required to estimate their Supplementary 
Leverage Ratio for the planning horizon beginning on January 1, 2018. 
The OCC is adding two items to the Summary Schedule: Supplementary 
Leverage Ratio Exposure (SLR Exposure) and Supplementary Leverage Ratio 
(the SLR). The SLR is a derived field.
    In addition, to collect more precise information regarding deferred 
tax assets (DTAs), the OCC is modifying one existing item on the 
Capital--DFAST worksheet of the Summary Schedule. The OCC is changing 
existing item 112 on the Capital--DFAST worksheet of the Summary 
Schedule, ``Deferred tax assets arising from temporary differences that 
could not be realized through net operating loss carrybacks, net of 
deferred tax liabilities (DTLs), but before related valuation 
allowances,'' to ``Deferred tax assets arising from temporary 
differences, net of DTLs.'' A covered institution in a net DTL position 
must report this item as a negative number. This modification provides 
more specific information about the components of the ``DTAs arising 
from temporary differences that could not be realized through net 
operating loss carrybacks, net of related valuation allowances and net 
of DTLs'' subject to the common equity tier 1 capital deduction 
threshold.
    The revisions also remove certain items that pertained to the 
capital regulations in place before the adoption of the Basel III final 
rule.

Summary Schedule, Counterparty Worksheet

    The OCC is adding the item ``Other counterparty losses'' to the 
counterparty worksheet of the Summary Schedule.

Summary Schedule, Retail ASC 310-30

    One commenter noted that the ASC 310-30 Schedule had been omitted 
from the templates but had not been discussed in the PRA notice. This 
sub-schedule has been removed, effective for the DFAST 2017 submission. 
This change had already been finalized in the OCC's 2016 Final PRA 
notice.

Operational Risk Schedule

    The revisions remove and add sub-schedules to the Operational Risk 
Schedule to ensure the collection of accurate information. The OCC is 
adding two sub-schedules and modifying the supporting documentation 
requirements for this schedule. First, the new Material Risk 
Identification sub-schedule collects information on a covered 
institution's material operational risks included in loss projections 
based on their risk management framework. Second, the new Operational 
Risk Scenarios sub-schedule collects a covered institution's 
operational risk scenarios included in the BHC Baseline and BHC Stress 
projections, a fundamental element of the framework.
    One commenter argued that the OCC should remove the operational 
risk component from the stress testing reporting forms. However, 
operational risk is a key element of the stress testing framework. 
Operational risk losses can significantly influence a covered 
institution's capital and earnings projections and thus comprises an 
integral part of stress testing.
    The adverse and severely adverse scenarios do not prescribe 
specific operational risk events that covered institutions must 
consider. Rather, institutions are instructed to identify their own 
idiosyncratic operational risk exposures as part of the material risk 
identification and scenario design process.
    The OCC proposed to eliminate the Operational Risk Historical 
Capital subsection and is adopting this proposal as final. In addition, 
in order to align with the Board's Y-14A reporting requirements, the 
OCC will only require the Material Risk Identification and Operational 
Risk Scenarios worksheets for a subset of covered institutions.
    One commenter recommended that the OCC revise its instructions to 
exclude operational losses from idiosyncratic or low-probability 
events. However, each covered institution is responsible for assessing 
the reasonableness of its operational risk loss projections. The 
decision of which operational risk events to include or omit is a key 
part of each covered institution's risk identification and scenario 
design process, and institutions use a combination of quantitative and 
qualitative approaches, as appropriate, to determine an estimate of 
operational risk losses. Prohibiting covered institutions from 
overlaying certain operational risk losses would represent a constraint 
to the covered institution's risk identification and would prevent the 
institution from considering its full range of potential operational 
risk outcomes.
    One commenter recommended that the OCC remove the Material Risk 
Identification worksheet and the Operational Risk Scenarios worksheet 
from the Operational Risk Schedule. In response to this comment and in 
order to align with the Board's Y-14A reporting requirements, the OCC 
will only require the Material Risk Identification and Operational Risk 
Scenarios worksheet for a subset of covered institutions. Specifically, 
institutions that are subsidiaries of large, non-complex firms, as 
defined by the Board, are not required to provide the Material Risk 
Identification and Operational Risk Scenarios sub-schedules.
    Although operational risk is evaluated as part of the OCC ongoing 
supervision, forecasted operational risk losses can significantly 
influence a covered institution's capital and earnings projections. 
Operational risk event types and loss projections may vary considerably 
from firm to firm, but results will provide significant insights on a 
covered institution's operational risk exposures and potential effect 
on capital and earnings estimates. Moreover, within each institution, 
year-over-year comparisons of operational risk estimates may indicate 
changes in

[[Page 9277]]

a covered institution's operational risk exposures due to factors such 
as changes in relationships with third-party vendors, overhaul of 
compliance management system, or potential new litigation exposures.

Response to Comments on Timing of Schedule Changes

    One commenter requested (a) a minimum of six months between the 
publication of final changes to the reporting templates and the 
effective date of the changes; (b) the effective date for changes be 
aligned with the release of the technical instructions related to the 
changes; (c) clarifying questions be addressed before the effective 
date of a change; and (d) the technical instructions accompanying any 
proposed changes in the reporting templates be subject to public notice 
and comment. The OCC recognizes the challenges with implementing 
changes in a timely and controlled manner, especially when the changes 
are finalized close to the effective date. The OCC continues to balance 
the need to collect additional information with the objective of 
providing as much time as is feasible in advance of implementation.
    In regards to the proposed changes contained in this notice, the 
OCC notes that the changes related to collecting components of the 
Supplementary Leverage Ratio on the Capital worksheet of the Summary 
Schedule allow for the incorporation of key measures of regulatory 
capital adequacy into the stress test. In the Operational Risk 
Schedule, the Material Risk Identification and Operational Risk 
Scenarios sub-schedules, which are not required for firms deemed 
``Large and Non-Complex,'' are often provided as part of the DFAST 
review in response to follow-up supervisory requests, so filling out 
these worksheets would simply formalize an existing process. Other 
changes are clarifying in nature: Streamlining the instructions, 
removing information, or aligning with the Board's FR Y-14A data 
collection. The OCC will continue to publish technical instructions as 
early as feasible.
    Type of Review: Revision.
    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 25.
    Estimated Total Annual Burden: 13,412.5.
    The OCC believes that the systems covered institutions use to 
prepare the FR Y-14 reporting templates to submit to the Board will 
also be used to prepare the reporting templates described in this 
notice. Comments continue to be invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection 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.

     Dated: January 30, 2017.
Stuart Feldstein,
Director, Legislative and Regulatory Activities Division, Office of the 
Comptroller of the Currency.
[FR Doc. 2017-02255 Filed 2-2-17; 8:45 am]
BILLING CODE 4810-33-P



                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                                    9273

                                                    also will post the transcript and                       DEPARTMENT OF THE TREASURY                            will be required to present valid
                                                    recording of the hearing on the USTR                                                                          government-issued photo identification
                                                    Web site as soon after the hearing as                   Office of the Comptroller of the                      and submit to security screening in
                                                    possible.                                               Currency                                              order to inspect and photocopy
                                                                                                                                                                  comments.
                                                      Prepared oral testimony before the                    Agency Information Collection                            All comments received, including
                                                    Special 301 Subcommittee must be                        Activities: Revision of an Approved                   attachments and other supporting
                                                    delivered in person, in English, and will               Information Collection; Submission for                materials, are part of the public record
                                                    be limited to five minutes.                             OMB Review; Company-Run Annual                        and subject to public disclosure. Do not
                                                    Subcommittee member agencies may                        Stress Test Reporting Template and                    include any information in your
                                                    ask questions following the prepared                    Documentation for Covered                             comment or supporting materials that
                                                    statement. Persons, except                              Institutions With Total Consolidated                  you consider confidential or
                                                    representatives of foreign governments,                 Assets of $50 Billion or More Under the               inappropriate for public disclosure.
                                                    wishing to testify at the hearing must                  Dodd-Frank Wall Street Reform and                        Additionally, please send a copy of
                                                    submit a ‘‘Notice of Intent to Testify’’                Consumer Protection Act                               your comments by mail to: OCC Desk
                                                    and ‘‘Hearing Statement’’ by the                                                                              Officer, 1557–0319, U.S. Office of
                                                                                                            AGENCY: Office of the Comptroller of the
                                                    February 9, 2017, deadline to                                                                                 Management and Budget, 725 17th
                                                                                                            Currency, Treasury (OCC).
                                                    www.regulations.gov following the                                                                             Street NW., #10235, Washington, DC
                                                                                                            ACTION: Notice and request for comment.               20503, or by email to: oira submission@
                                                    procedures set forth in part IV below.
                                                    The Notice of Intent to Testify must                    SUMMARY:    The OCC, as part of its                   omb.eop.gov.
                                                    include the name of the witness, name                   continuing effort to reduce paperwork                 FOR FURTHER INFORMATION CONTACT:
                                                    of the organization (if applicable),                    and respondent burden, invites the                    Shaquita Merritt, OCC Clearance
                                                    address, telephone number, fax number,                  general public and other Federal                      Officer, (202) 649–5490 or, for persons
                                                    and email address. A Hearing Statement                  agencies to comment on a revision to                  who are deaf or hard of hearing, TTY,
                                                    must accompany the Notice of Intent to                  this information collection, as required              (202) 649–5597, Legislative and
                                                                                                            by the Paperwork Reduction Act of 1995                Regulatory Activities Division, Office of
                                                    Testify. There is no requirement
                                                                                                            (PRA). An agency may not conduct or                   the Comptroller of the Currency, 400 7th
                                                    regarding the length of the Hearing                                                                           St. SW., Washington, DC 20219. In
                                                    Statement; however, the content of the                  sponsor, and a respondent is not
                                                                                                            required to respond to, an information                addition, copies of the templates
                                                    testimony must be relevant to the                                                                             referenced in this notice can be found
                                                    Special 301 Review.                                     collection unless it displays a currently
                                                                                                            valid Office of Management and Budget                 on the OCC’s Web site under News and
                                                      All representatives of foreign                        (OMB) control number. Currently, the                  Issuances (http://www.occ.treas.gov/
                                                    governments that wish to testify at the                 OCC is finalizing a revision to a                     tools-forms/forms/bank-operations/
                                                    hearing must submit a ‘‘Notice of Intent                regulatory reporting requirement for                  stress-test-reporting.html).
                                                    to Testify’’ by the February 23, 2017,                  national banks and federal savings                    SUPPLEMENTARY INFORMATION: The OCC
                                                    deadline to www.regulations.gov                         associations titled, ‘‘Company-Run                    is requesting comment on the following
                                                    following the procedures set forth in                   Annual Stress Test Reporting Template                 revision to an approved information
                                                    part IV below. The Notice of Intent to                  and Documentation for Covered                         collection:
                                                    Testify must include the name of the                    Institutions with Total Consolidated                     Title: Company-Run Annual Stress
                                                    witness, name of the organization (if                   Assets of $50 Billion or More under the               Test Reporting Template and
                                                    applicable), address, telephone number,                 Dodd-Frank Wall Street Reform and                     Documentation for Covered Institutions
                                                    fax number, and email address.                          Consumer Protection Act.’’ The OCC                    with Total Consolidated Assets of $50
                                                                                                            also is giving notice that it has sent the            Billion or More under the Dodd-Frank
                                                    Although not mandatory, government
                                                                                                            collection to OMB for review.                         Wall Street Reform and Consumer
                                                    witnesses may submit a Hearing
                                                                                                            DATES: Comments must be received by                   Protection Act.
                                                    Statement when filing the Notice of                                                                              OMB Control No.: 1557–0319.
                                                    Intent to Testify.                                      March 6, 2017.
                                                                                                                                                                     Description: Section 165(i)(2) of the
                                                                                                            ADDRESSES: Because paper mail in the                  Dodd-Frank Wall Street Reform and
                                                    Probir Mehta,                                           Washington, DC area and at the OCC is                 Consumer Protection Act 1 (Dodd-Frank
                                                    Assistant United States Trade Representative            subject to delay, commenters are
                                                    for Innovation and Intellectual Property,
                                                                                                                                                                  Act) requires certain financial
                                                                                                            encouraged to submit comments by                      companies, including national banks
                                                    Office of the United States Trade                       email, if possible. Comments may be
                                                    Representative.                                                                                               and federal savings associations, to
                                                                                                            sent to: Legislative and Regulatory                   conduct annual stress tests 2 and
                                                    [FR Doc. 2017–02251 Filed 2–2–17; 8:45 am]              Activities Division, Office of the                    requires the primary financial regulatory
                                                    BILLING CODE 3290–F7–P                                  Comptroller of the Currency, Attention:               agency 3 of those financial companies to
                                                                                                            1557–0319, 400 7th Street SW., Suite                  issue regulations implementing the
                                                                                                            3E–218, Mail Stop 9W–11, Washington,                  stress test requirements.4 A national
                                                                                                            DC 20219. In addition, comments may                   bank or federal savings association is a
                                                                                                            be sent by fax to (571) 465–4326 or by                ‘‘covered institution’’ and therefore
                                                                                                            electronic mail to prainfo@occ.treas.gov.             subject to the stress test requirements if
                                                                                                            You may personally inspect and
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                                                                                                                                                                  its total consolidated assets are more
                                                                                                            photocopy comments at the OCC, 400                    than $10 billion. Under section
                                                                                                            7th Street SW., Washington, DC 20219.                 165(i)(2), a covered institution is
                                                                                                            For security reasons, the OCC requires                required to submit to the Board of
                                                                                                            that visitors make an appointment to
                                                                                                            inspect comments. You may do so by                      1 Public Law 111–203, 124 Stat. 1376, July 2010.
                                                                                                            calling (202) 649–6700 or, for persons                  2 12 U.S.C. 5365(i)(2)(A).
                                                                                                            who are deaf or hard of hearing, TTY,                   3 12 U.S.C. 5301(12).

                                                                                                            (202) 649–5597. Upon arrival, visitors                  4 12 U.S.C. 5365(i)(2)(C).




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                                                    9274                           Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

                                                    Governors of the Federal Reserve                         Board as large and noncomplex firms.10                 associated projections for the 2017
                                                    System (Board) and to its primary                        One commenter urged the OCC to adopt                   annual stress testing submission. While
                                                    financial regulatory agency a report at                  similar modified reporting requirements                supervisory scenarios provide a
                                                    such time, in such form, and containing                  for covered institutions, as well as                   homogeneous scenario and a consistent
                                                    such information as the primary                          additional reporting relief for covered                market-wide view of the condition of
                                                    financial regulatory agency may                          institutions. In order to minimize                     the banking sector, these prescribed
                                                    require.5 On October 9, 2012, the OCC                    regulatory burden, the OCC is applying                 scenarios may not fully capture all of
                                                    published in the Federal Register a final                similar changes for a subset of covered                the risks that may be associated with a
                                                    rule implementing the section 165(i)(2)                  institutions. In particular, the OCC is                particular institution. The revisions
                                                    annual stress test requirement.6 This                    not requiring covered institutions that                require covered institutions to provide
                                                    rule describes the reports and                           are subsidiaries of large, non-complex                 bank-specific baseline and bank-specific
                                                    information collections required to meet                 firms, as defined by the Board, to                     stress scenarios.
                                                    the reporting requirements under                         complete the sub-schedules identified
                                                                                                                                                                       The OCC recognizes that the Board
                                                    section 165(i)(2). These information                     in the Board’s revisions.
                                                    collections will be given confidential                      In addition to the changes that                     requires BHCs to submit BHC-specific
                                                    treatment to the extent permitted by law                 parallel the Board’s changes to the FR                 baseline and stress scenarios and
                                                    (5 U.S.C. 552(b)(4)).                                    Y–14A, the OCC is also implementing a                  projections. Where OCC covered
                                                       In 2012, the OCC first implemented                    new supplemental schedule to collect                   institutions also submit BHC-specific
                                                    the reporting templates referenced in                    certain items not included in the                      scenarios, bank-specific scenarios must
                                                    the final rule. See 77 FR 49485 (August                  Board’s FR Y–14A. It is anticipated that               be consistent with the BHC-specific
                                                    16, 2012) and 77 FR 66663 (November                      this data will help the OCC better                     scenarios.
                                                    6, 2012). The OCC proposed revisions to                  understand and monitor salient risks at                   One commenter objected to the
                                                    these reporting templates on November                    covered institutions.                                  submission of bank-specific scenarios.
                                                    16, 2016.7 The OCC is now finalizing                     Revisions to Reporting Templates for                   The commenter argued that the
                                                    these revisions as described below.                      Institutions With $50 Billion or More in               submission of a bank-specific scenario
                                                       The OCC intends to use the data                                                                              would be duplicative with the
                                                                                                             Assets
                                                    collected to assess the reasonableness of                                                                       submission of a BHC-specific scenario if
                                                    the stress test results of covered                          The revisions to the DFAST–14A                      a covered institution subsidiary
                                                    institutions and to provide forward-                     reporting templates consist of the                     constitutes nearly all of the BHC’s
                                                    looking information to the OCC                           following:                                             assets. The commenter also argued that,
                                                    regarding a covered institution’s capital                   • Adding line items to the Regulatory
                                                                                                                                                                    if a covered institution represents a
                                                    adequacy. The OCC also may use the                       Capital Instruments Schedule.
                                                                                                                • Updating the Summary Schedule to                  smaller fraction of a BHC’s assets, then
                                                    results of the stress tests to determine                                                                        it is inappropriate for the bank-specific
                                                    whether additional analytical                            collect items related to the
                                                                                                             supplementary leverage ratio.                          scenario to be consistent with the BHC-
                                                    techniques and exercises could be
                                                    appropriate to identify, measure, and                       • Removing sub-schedules of the                     specific scenario. The commenter
                                                                                                             Operational Risk Schedule for all                      further asked whether the OCC and the
                                                    monitor risks at the covered institution.                                                                       Board would draw the same conclusions
                                                    The stress test results are expected to                  covered institutions and adding sub-
                                                                                                             schedules to the Operational Risk                      on the adequacy of the BHC-specific
                                                    support ongoing improvement in a                                                                                versus bank-specific scenarios.
                                                    covered institution’s stress testing                     Schedule for a subset of covered
                                                    practices with respect to its internal                   institutions.                                             While the bank-specific scenario
                                                                                                                • Creating a new supplemental                       results may be broadly similar to the
                                                    assessments of capital adequacy and
                                                                                                             schedule to collect certain items not                  BHC-specific scenario results, especially
                                                    overall capital planning.
                                                                                                             included in the Board’s FR Y–14A.                      for holding companies where the
                                                       The OCC recognizes that many                             • Requiring a bank-specific scenario.
                                                    covered institutions with total                                                                                 covered institution includes an
                                                                                                             Covered institutions would be required                 overwhelming majority of the holding
                                                    consolidated assets of $50 billion or                    to submit bank-specific baseline and
                                                    more are required to submit similar                                                                             company’s total assets and exposures,
                                                                                                             stress scenarios.
                                                    reports to the Board using reporting                                                                            the holding company’s nonbank assets
                                                                                                                • Requiring the assumption of largest
                                                    form FR Y–14A.8 The OCC also                             counterparty default. The largest trading              may contain risks that are materially
                                                    recognizes the Board has modified the                    covered institutions that also submit the              different from the rest of the holding
                                                    FR Y–14A and, to the extent practical,                   Global Market Shock scenario would be                  company’s exposures. Applying the
                                                    the OCC has kept its reporting                           required to assume the default of their                bank-specific scenario against the
                                                    requirements consistent with the                         largest counterparty in the supervisory                covered institution’s exposures ensures
                                                    Board’s FR Y–14A in order to minimize                    severely adverse and adverse scenarios.                that supervisory analysis is conducted
                                                    burden on covered institutions.9                                                                                on the covered institution’s reported
                                                       The OCC also recognizes that the                      Bank-Specific Scenarios                                numbers, rather than OCC estimates
                                                    Board has proposed an amendment to                         Covered institutions will be required                interpolated from results at the holding-
                                                    its Capital Plan and Stress Testing rule                 to submit bank-specific baseline and                   company level. Furthermore, the
                                                    and that the Board’s proposed                            bank-specific stress scenarios and                     holding company and the subsidiary
                                                    amendment includes modified reporting                                                                           national bank or federal savings
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                                                    requirements for bank holding                              10 81 FR 67239 (September 30, 2016) (‘‘Under the
                                                                                                                                                                    association may implement different
                                                    companies (BHCs) categorized by the                      proposal, large and noncomplex firms would no          capital actions which may result in
                                                                                                             longer be required to complete several elements of
                                                                                                             the FR Y–14A Schedule A (Summary), including           different capital outcomes between the
                                                      5 12 U.S.C. 5365(i)(2)(B).
                                                      6 77
                                                                                                             the Securities OTTI methodology sub-schedule,          BHC and bank-specific scenarios.
                                                           FR 61238 (October 9, 2012) (codified at 12
                                                    CFR 46).
                                                                                                             Securities Market Value source sub-schedule,           Therefore, the bank-specific scenario
                                                                                                             Securities OTTI by security sub-schedule, the Retail   may potentially result in a different
                                                      7 81 FR 70717.
                                                                                                             repurchase sub-schedule, the Trading sub-schedule,
                                                      8 http://www.federalreserve.gov/reportforms.
                                                                                                             Counterparty sub-schedule, and Advanced RWA            assessment from the BHC-specific
                                                      9 81 FR 93917 (December 22, 2016).                     sub-schedule.’’).                                      scenario.


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                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                           9275

                                                    Largest Counterparty Default                            covered institutions to use reasonable                pertaining to leverage exposure for the
                                                      Covered institutions that complete the                efforts to supply the data requested by               Supplementary Leverage Ratio are
                                                    Global Market Shock are also required                   the Supplemental Schedule. Also, most                 defined in the same way as analogous
                                                    to complete the Largest Counterparty                    items in the OCC Supplemental                         line items contained in the DFAST–14A
                                                    Default component. The completion of                    Schedule include materiality thresholds               Regulatory Capital Transitions
                                                                                                            to ensure that only sizeable portfolios               Schedule. In regards to (a), we have re-
                                                    the Largest Counterparty Default
                                                                                                            and exposures, as measured in terms of                categorized these line items as C&I loans
                                                    component is currently required by the
                                                                                                            total assets and as a percentage of tier              rather than CRE loans. For (b), we have
                                                    Board, and the OCC is adopting a
                                                                                                            1 capital, are reported.                              removed line items for portfolio vacancy
                                                    similar requirement to enhance                             One commenter noted that the
                                                    consistency and comparability of BHC                                                                          rates and weighted-average committed
                                                                                                            additional information to be collected in             LTV throughout the schedule. For (c),
                                                    and bank results.                                       the OCC Supplemental Schedule is                      only those institutions that fill out the
                                                    OCC Supplemental Schedule                               already received by the OCC from other                trading worksheet are responsible for
                                                                                                            sources. Certain line items requested in              completing this line item. Institutions
                                                      The revisions include a new
                                                                                                            the OCC Supplemental Schedule are                     that do not consider counterparty FVA
                                                    supplemental schedule that collects
                                                                                                            contained in the Call Report; however,                losses within their counterparty credit
                                                    additional information not included in
                                                                                                            the Call Report collects historical                   modeling should not complete this item.
                                                    the FR Y–14A. This schedule collects
                                                                                                            information, whereas the OCC                          Institutions that are currently
                                                    additional data on auto lending,                        Supplemental Schedule collects
                                                    commercial exposures, and non-U.S.                                                                            calculating counterparty FVA losses
                                                                                                            forward-looking projections. Existing                 should use existing calculations to fill
                                                    exposures. The schedule also collects                   sources of information do not contain
                                                    information relevant to the calculation                                                                       out this item and provide information
                                                                                                            the forward-looking projections which                 on how this item was calculated in the
                                                    of the Supplementary Leverage Ratio.11                  are essential to evaluating impact on
                                                       One commenter indicated that                                                                               bank’s supporting documentation. For
                                                                                                            capital adequacy in adverse and                       (d), as the Supplemental Schedule only
                                                    covered institutions may have the data                  severely adverse macroeconomic
                                                    required for the Supplemental Schedule                                                                        collects information on the current
                                                                                                            conditions.                                           quarter and projected quarters,
                                                    but that this data may not be segmented                    One commenter suggested that
                                                    in the manner used by the                                                                                     historical balances and/or losses need
                                                                                                            covered institutions will need clear                  not be submitted. For (e) and (f), the
                                                    Supplemental Schedule. Another                          instructions about what each line in the
                                                    commenter noted that covered                                                                                  OCC considers those items included in
                                                                                                            Supplemental Schedule requires.                       the OCC Supplemental Schedule as
                                                    institutions do not have systems in                     Another commenter requested that the
                                                    place to report the level of granularity                                                                      material risks which are necessary for
                                                                                                            Supplemental Schedule be dropped in                   monitoring and assessing a covered
                                                    required in the schedule, as much of the                its entirety from the final template.
                                                    additional information would require                                                                          institution’s capital adequacy and
                                                                                                            Another commenter provided detailed
                                                    substantial systems revisions and                                                                             capital planning process. Covered
                                                                                                            feedback on the proposed line items.
                                                    information technology changes. The                                                                           institutions that cannot use existing
                                                                                                            This commenter recommended that (a)
                                                    OCC understands that existing data                                                                            models and methodologies to furnish
                                                                                                            owner-occupied commercial real estate
                                                    systems and processes may not be                                                                              requested information on the OCC
                                                                                                            (CRE) loans be reclassified as
                                                    currently designed to align with the                                                                          Supplemental Schedule may use
                                                                                                            commercial and industrial (C&I) loans,
                                                    specific loan types, product types, and                                                                       allocations, expert judgment, or other
                                                                                                            especially since the Board classifies
                                                    other classifications delineated on the                                                                       methods for projections of balances,
                                                                                                            these loans as C&I in the FR Y–14Q
                                                    OCC Supplemental Schedule. As                                                                                 losses, and allowances if data is not
                                                                                                            Schedule; (b) line items relating to
                                                    indicated in the OCC’s proposal,                        portfolio vacancy rates and weighted-                 available at the requested level of
                                                    covered institutions should not develop                 average loan to value (LTV) be removed                granularity. Covered institutions should
                                                    new models or methodologies to                          from the schedule; (c) more guidance be               supply appropriate documentation
                                                    provide the loss, balance, provision, and               provided on calculating counterparty                  explaining their approach. Institutions
                                                    allowance numbers requested in the                      funding value adjustment (FVA) losses;                should not supply ‘‘N/A’’ for any fields
                                                    OCC Supplemental Schedule. Instead,                     (d) institutions not be required to                   in the Supplemental Schedule. If the
                                                    institutions should use existing models                 submit historical data for line items                 covered institution does not meet the
                                                    and methodologies to furnish the                        relating to C&I exposures; (e) the OCC                materiality threshold for a given item,
                                                    requested information. The OCC expects                  provide analysis of the purported                     the institution should leave this item
                                                                                                            benefits of the additional information to             blank.
                                                       11 For the OCC Supplemental Schedule, the OCC
                                                                                                            be provided in the Supplemental                          One commenter requested a delay of
                                                    anticipates that covered institutions will use          Schedule; and (f) institutions whose                  at least one year before requiring
                                                    existing models and methodologies to furnish the
                                                    requested information, which provides a more            internal modeling practices do not align              submission of the Supplemental
                                                    granular view on information provided elsewhere         to the regulatory definition with respect             Schedule. According to the commenter,
                                                    in the DFAST–14A. Covered institutions should not       to the additional granularity in the OCC              submissions of this data would require
                                                    develop new models or methodologies just to             Supplemental Schedule be permitted to                 changes in internal processes. Another
                                                    provide the loss, balance, provision, and allowance
                                                    numbers requested in the OCC Supplemental               use a pro-rata allocation approach or to              commenter requested a delay of
                                                    Schedule. If existing models and methodologies do       note ‘‘N/A’’ as applicable.                           unspecified length for the same reasons.
                                                                                                               For certain line items, the OCC has                As mentioned, covered institutions are
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                                                    not generate data at the requested level of
                                                    granularity, covered institutions may use               provided North American Industry                      expected to use existing models and
                                                    allocations, expert judgment, or other methods for
                                                    projections of balances, losses, and allowances.
                                                                                                            Classification System (NAICS) code                    methodologies and to undertake
                                                    Covered institutions should supply appropriate          industry mappings to indicate which                   reasonable effort to furnish requested
                                                    documentation explaining their approach.                obligor-types must be included.                       information. It is not the OCC’s intent to
                                                    Institutions should not supply ‘‘N/A’’ for any fields   Additionally, in the final instructions,              cause institutions to redesign existing
                                                    in the supplemental schedule. If the covered
                                                    institution does not meet the materiality threshold
                                                                                                            the OCC has provided additional clarity               processes to complete the Supplemental
                                                    for a given item, the institution should leave this     on which obligors must be included for                Schedule. The OCC considers those
                                                    item blank.                                             non-U.S. exposures. Line items                        items included in the OCC


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                                                    9276                            Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices

                                                    Supplemental Schedule as material                       ‘‘Deferred tax assets arising from                    their own idiosyncratic operational risk
                                                    risks which are necessary for monitoring                temporary differences, net of DTLs.’’ A               exposures as part of the material risk
                                                    and assessing a covered institution’s                   covered institution in a net DTL                      identification and scenario design
                                                    capital adequacy and capital planning                   position must report this item as a                   process.
                                                    process.                                                negative number. This modification                       The OCC proposed to eliminate the
                                                                                                            provides more specific information                    Operational Risk Historical Capital
                                                    Summary Schedule—Applicability                                                                                subsection and is adopting this proposal
                                                                                                            about the components of the ‘‘DTAs
                                                      Effective for DFAST 2017, covered                     arising from temporary differences that               as final. In addition, in order to align
                                                    institutions that are subsidiaries of                   could not be realized through net                     with the Board’s Y–14A reporting
                                                    large, non-complex firms, as defined by                 operating loss carrybacks, net of related             requirements, the OCC will only require
                                                    the Board, are not required to report the               valuation allowances and net of DTLs’’                the Material Risk Identification and
                                                    following sub-schedules of the                          subject to the common equity tier 1                   Operational Risk Scenarios worksheets
                                                    Summary Schedule: Securities OTTI                       capital deduction threshold.                          for a subset of covered institutions.
                                                    methodology sub-schedule, Securities                       The revisions also remove certain                     One commenter recommended that
                                                    Market Value source sub-schedule,                       items that pertained to the capital                   the OCC revise its instructions to
                                                    Securities OTTI by security sub-                        regulations in place before the adoption              exclude operational losses from
                                                    schedule, Retail repurchase sub-                        of the Basel III final rule.                          idiosyncratic or low-probability events.
                                                    schedule, Trading sub-schedule,                                                                               However, each covered institution is
                                                    Counterparty sub-schedule, and                          Summary Schedule, Counterparty                        responsible for assessing the
                                                    Advanced RWA sub-schedule.12 This                       Worksheet                                             reasonableness of its operational risk
                                                    change increases consistency between                      The OCC is adding the item ‘‘Other                  loss projections. The decision of which
                                                    the DFAST–14A and the FR Y–14A.                         counterparty losses’’ to the counterparty             operational risk events to include or
                                                                                                            worksheet of the Summary Schedule.                    omit is a key part of each covered
                                                    Other Reporting Template and
                                                                                                                                                                  institution’s risk identification and
                                                    Instruction Changes                                     Summary Schedule, Retail ASC 310–30                   scenario design process, and institutions
                                                       The other revisions to the DFAST–                      One commenter noted that the ASC                    use a combination of quantitative and
                                                    14A consist of clarifying instructions,                 310–30 Schedule had been omitted from                 qualitative approaches, as appropriate,
                                                    adding and removing schedules, adding,                  the templates but had not been                        to determine an estimate of operational
                                                    deleting, and modifying existing data                   discussed in the PRA notice. This sub-                risk losses. Prohibiting covered
                                                    items, and altering the as-of dates. These              schedule has been removed, effective for              institutions from overlaying certain
                                                    changes increase consistency between                    the DFAST 2017 submission. This                       operational risk losses would represent
                                                    the DFAST–14A and the FR Y–14A and                      change had already been finalized in the              a constraint to the covered institution’s
                                                    the Call Report.                                        OCC’s 2016 Final PRA notice.                          risk identification and would prevent
                                                    Summary Schedule, Standardized RWA                                                                            the institution from considering its full
                                                                                                            Operational Risk Schedule
                                                    Worksheet                                                                                                     range of potential operational risk
                                                                                                               The revisions remove and add sub-                  outcomes.
                                                       The revision includes multiple line                  schedules to the Operational Risk                        One commenter recommended that
                                                    item changes intended to promote                        Schedule to ensure the collection of                  the OCC remove the Material Risk
                                                    consistency with the FR Y–14A and                       accurate information. The OCC is                      Identification worksheet and the
                                                    ensure the collection of accurate                       adding two sub-schedules and                          Operational Risk Scenarios worksheet
                                                    information.                                            modifying the supporting                              from the Operational Risk Schedule. In
                                                    Summary Schedule, Capital Worksheet                     documentation requirements for this                   response to this comment and in order
                                                                                                            schedule. First, the new Material Risk                to align with the Board’s Y–14A
                                                       Covered institutions are required to                 Identification sub-schedule collects                  reporting requirements, the OCC will
                                                    estimate their Supplementary Leverage                   information on a covered institution’s                only require the Material Risk
                                                    Ratio for the planning horizon                          material operational risks included in                Identification and Operational Risk
                                                    beginning on January 1, 2018. The OCC                   loss projections based on their risk                  Scenarios worksheet for a subset of
                                                    is adding two items to the Summary                      management framework. Second, the                     covered institutions. Specifically,
                                                    Schedule: Supplementary Leverage                        new Operational Risk Scenarios sub-                   institutions that are subsidiaries of
                                                    Ratio Exposure (SLR Exposure) and                       schedule collects a covered institution’s             large, non-complex firms, as defined by
                                                    Supplementary Leverage Ratio (the                       operational risk scenarios included in                the Board, are not required to provide
                                                    SLR). The SLR is a derived field.                       the BHC Baseline and BHC Stress                       the Material Risk Identification and
                                                       In addition, to collect more precise                                                                       Operational Risk Scenarios sub-
                                                                                                            projections, a fundamental element of
                                                    information regarding deferred tax                                                                            schedules.
                                                                                                            the framework.
                                                    assets (DTAs), the OCC is modifying one                    One commenter argued that the OCC                     Although operational risk is evaluated
                                                    existing item on the Capital—DFAST                      should remove the operational risk                    as part of the OCC ongoing supervision,
                                                    worksheet of the Summary Schedule.                      component from the stress testing                     forecasted operational risk losses can
                                                    The OCC is changing existing item 112                   reporting forms. However, operational                 significantly influence a covered
                                                    on the Capital—DFAST worksheet of                       risk is a key element of the stress testing           institution’s capital and earnings
                                                    the Summary Schedule, ‘‘Deferred tax                    framework. Operational risk losses can                projections. Operational risk event types
                                                    assets arising from temporary                           significantly influence a covered                     and loss projections may vary
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                                                    differences that could not be realized                  institution’s capital and earnings                    considerably from firm to firm, but
                                                    through net operating loss carrybacks,                  projections and thus comprises an                     results will provide significant insights
                                                    net of deferred tax liabilities (DTLs), but             integral part of stress testing.                      on a covered institution’s operational
                                                    before related valuation allowances,’’ to                  The adverse and severely adverse                   risk exposures and potential effect on
                                                      12 All firms will be required to report line item
                                                                                                            scenarios do not prescribe specific                   capital and earnings estimates.
                                                    138 of the income statement, as that line item is
                                                                                                            operational risk events that covered                  Moreover, within each institution, year-
                                                    currently derived from the Retail repurchase sub-       institutions must consider. Rather,                   over-year comparisons of operational
                                                    schedule.                                               institutions are instructed to identify               risk estimates may indicate changes in


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                                                                                   Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices                                           9277

                                                    a covered institution’s operational risk                notice. Comments continue to be invited               attempts to corrupt or interfere with tax
                                                    exposures due to factors such as                        on:                                                   administration. TIGTA’s computer
                                                    changes in relationships with third-                      (a) Whether the collection of                       matching program is also designed to
                                                    party vendors, overhaul of compliance                   information is necessary for the proper               proactively detect and to deter criminal
                                                    management system, or potential new                     performance of the functions of the                   and administrative misconduct by IRS
                                                    litigation exposures.                                   OCC, including whether the information                employees. Computer matching is the
                                                                                                            has practical utility;                                most feasible method of performing
                                                    Response to Comments on Timing of                         (b) The accuracy of the OCC’s                       comprehensive analysis of data.
                                                    Schedule Changes                                        estimate of the burden of the collection                 Name of Source Agency: Internal
                                                       One commenter requested (a) a                        of information;                                       Revenue Service.
                                                    minimum of six months between the                         (c) Ways to enhance the quality,                       Name of Recipient Agency: Treasury
                                                    publication of final changes to the                     utility, and clarity of the information to            Inspector General for Tax
                                                    reporting templates and the effective                   be collected;                                         Administration.
                                                    date of the changes; (b) the effective date               (d) Ways to minimize the burden of                     Beginning and Completion Dates:
                                                    for changes be aligned with the release                 the collection on respondents, including              This program of computer matches is
                                                    of the technical instructions related to                through the use of automated collection               expected to commence on March 10,
                                                    the changes; (c) clarifying questions be                techniques or other forms of information              2017, but not earlier than the fortieth
                                                    addressed before the effective date of a                technology; and                                       day after copies of the Computer
                                                    change; and (d) the technical                             (e) Estimates of capital or start-up                Matching Agreement are provided to the
                                                    instructions accompanying any                           costs and costs of operation,                         Congress and OMB unless comments
                                                    proposed changes in the reporting                       maintenance, and purchase of services                 dictate otherwise. The program of
                                                    templates be subject to public notice                   to provide information.                               computer matches is expected to
                                                    and comment. The OCC recognizes the                       Dated: January 30, 2017.                            conclude on September 9, 2018.
                                                    challenges with implementing changes                                                                             Purpose: This program is designed to
                                                                                                            Stuart Feldstein,
                                                    in a timely and controlled manner,                                                                            deter and detect fraud, waste, and abuse
                                                                                                            Director, Legislative and Regulatory Activities
                                                    especially when the changes are                                                                               in Internal Revenue Service programs
                                                                                                            Division, Office of the Comptroller of the
                                                    finalized close to the effective date. The              Currency.                                             and operations, to investigate criminal
                                                    OCC continues to balance the need to                                                                          and administrative misconduct by IRS
                                                                                                            [FR Doc. 2017–02255 Filed 2–2–17; 8:45 am]
                                                    collect additional information with the                                                                       employees, and to protect against
                                                                                                            BILLING CODE 4810–33–P
                                                    objective of providing as much time as                                                                        attempts to corrupt or threaten the IRS
                                                    is feasible in advance of                                                                                     and/or its employees.
                                                    implementation.                                                                                                  Authority: The Inspector General Act
                                                                                                            DEPARTMENT OF THE TREASURY
                                                       In regards to the proposed changes                                                                         of 1978, 5 U.S.C. App. 3, and Treasury
                                                    contained in this notice, the OCC notes                 Treasury Inspector General for Tax                    Order 115–01.
                                                    that the changes related to collecting                  Administration; Privacy Act of 1974, as                  Categories of Individuals Covered:
                                                    components of the Supplementary                         Amended: Computer Matching                            Current and former employees of the
                                                    Leverage Ratio on the Capital worksheet                 Program                                               Internal Revenue Service as well as
                                                    of the Summary Schedule allow for the                                                                         individuals and entities about whom
                                                                                                            AGENCY: Treasury Inspector General for                information is maintained in the
                                                    incorporation of key measures of
                                                                                                            Tax Administration, Treasury.                         systems of records listed below.
                                                    regulatory capital adequacy into the
                                                                                                            ACTION: Notice.                                          Categories of Records Covered:
                                                    stress test. In the Operational Risk
                                                                                                                                                                  Included in this program of computer
                                                    Schedule, the Material Risk                             SUMMARY:    Pursuant to 5 U.S.C. 552a, the            matches are records from the following
                                                    Identification and Operational Risk                     Privacy Act of 1974, as amended, notice               Treasury or Internal Revenue Service
                                                    Scenarios sub-schedules, which are not                  is hereby given of the agreement                      systems.
                                                    required for firms deemed ‘‘Large and                   between the Treasury Inspector General
                                                    Non-Complex,’’ are often provided as                                                                          a. Treasury Payroll and Personnel
                                                                                                            for Tax Administration (TIGTA) and the                     System [Treasury/DO.001]
                                                    part of the DFAST review in response to                 Internal Revenue Service (IRS)
                                                    follow-up supervisory requests, so                                                                            b. Treasury Child Care Tuition
                                                                                                            concerning the conduct of TIGTA’s                          Assistance Records [Treasury/
                                                    filling out these worksheets would                      computer matching program.
                                                    simply formalize an existing process.                                                                              DO.003]
                                                                                                            DATES: Effective Date: March 10, 2017.                c. Public Transportation Incentive
                                                    Other changes are clarifying in nature:
                                                    Streamlining the instructions, removing                 ADDRESSES: Comments or inquires may                        Program Records [Treasury/DO.005]
                                                                                                            be mailed to the Treasury Inspector                   d. Treasury Financial Management
                                                    information, or aligning with the
                                                                                                            General for Tax Administration, Attn:                      Systems [Treasury/DO.009]
                                                    Board’s FR Y–14A data collection. The                                                                         e. Correspondence Files and
                                                    OCC will continue to publish technical                  Office of Chief Counsel, 1401 H St. NW.,
                                                                                                            Suite 469, Washington, DC 20005, or via                    Correspondence Control Files
                                                    instructions as early as feasible.                                                                                 [Treasury/IRS 00.001]
                                                       Type of Review: Revision.                            electronic mail to Counsel.Office@
                                                                                                            tigta.treas.gov.                                      f. Correspondence Files: Inquiries About
                                                       Affected Public: Businesses or other                                                                            Enforcement Activities [Treasury/
                                                    for-profit.                                             FOR FURTHER INFORMATION CONTACT:                           IRS 00.002]
                                                       Estimated Number of Respondents:                     Office of Chief Counsel, Treasury
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  g. Taxpayer Advocate Service and
                                                    25.                                                     Inspector General for Tax                                  Customer Feedback and Survey
                                                       Estimated Total Annual Burden:                       Administration, (202) 622–4068.                            Records System [Treasury/IRS
                                                    13,412.5.                                               SUPPLEMENTARY INFORMATION: TIGTA’s                         00.003]
                                                       The OCC believes that the systems                    computer matching program assists in                  h. Employee Complaint and Allegation
                                                    covered institutions use to prepare the                 the detection and deterrence of fraud,                     Referral Records [Treasury/IRS
                                                    FR Y–14 reporting templates to submit                   waste, and abuse in the programs and                       00.007]
                                                    to the Board will also be used to prepare               operations of the IRS and related                     i. Third Party Contact Records
                                                    the reporting templates described in this               entities as well as protects against                       [Treasury/IRS 00.333]


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Document Created: 2018-02-01 14:34:40
Document Modified: 2018-02-01 14:34:40
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 received by March 6, 2017.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th St. SW., Washington, DC 20219. In addition, copies of the templates referenced in this notice can be found on the OCC's Web site under News and Issuances (http://www.occ.treas.gov/tools-forms/forms/bank-operations/ stress-test-reporting.html).
FR Citation82 FR 9273 

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