83_FR_42458 83 FR 42296 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB

83 FR 42296 - Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB

FEDERAL RESERVE SYSTEM

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range42296-42298
FR Document2018-17964

The Board of Governors of the Federal Reserve System (Board) is adopting a proposal to extend, with revision, the mandatory Reporting Requirements Associated with Regulation QQ (OMB No. 7100- 0346). The revisions are applicable as of July 31, 2018.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42296-42298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17964]


=======================================================================
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FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Announcement of Board 
Approval Under Delegated Authority and Submission to OMB

AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is adopting a proposal to extend, with revision, the mandatory 
Reporting Requirements Associated with Regulation QQ (OMB No. 7100-
0346). The revisions are applicable as of July 31, 2018.

FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance 
Officer--Nuha Elmaghrabi--Office of the Chief Data Officer, Board of 
Governors of the Federal Reserve System, Washington, DC 20551 (202) 
452-3829. Telecommunications Device for the Deaf (TDD) users may 
contact (202) 263-4869, Board of Governors of the Federal Reserve 
System, Washington, DC 20551.
    OMB Desk Officer--Shagufta Ahmed--Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 10235, 725 17th Street NW, Washington, DC 20503 
or by fax to (202) 395-6974.

SUPPLEMENTARY INFORMATION: On June 15, 1984, the Office of Management 
and Budget (OMB) delegated to the Board authority under the Paperwork 
Reduction Act (PRA) to approve of and assign OMB control numbers to 
collection of information requests and requirements conducted or 
sponsored by the Board. Board-approved collections of information are 
incorporated into the official OMB inventory of currently approved 
collections of information. Copies of the Paperwork Reduction Act 
Submission, supporting statements and approved collection of 
information instrument(s) are placed into OMB's public docket files. 
The Federal Reserve may not conduct or sponsor, and the respondent is 
not required to respond to, an information collection that has been 
extended, revised, or implemented on or after October 1, 1995, unless 
it displays a currently valid OMB control number.

Final Approval Under OMB Delegated Authority of the Extension for Three 
Years, With Revision, of the Following Report:

    Report title: Reporting Requirements Associated with Regulation QQ.
    Agency form number: Reg QQ.
    OMB control number: 7100-0346.
    Frequency: Annually.
    Respondents: Bank holding companies \1\ with assets of $50 billion 
or more and nonbank financial firms designated by the Financial 
Stability Oversight Council for supervision by the Board.
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    \1\ This includes any foreign bank or company that is, or is 
treated as, a bank holding company under section 8(a) of the 
International Banking Act of 1978, and that has $50 billion or more 
in total consolidated assets.
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    Estimated number of respondents: Reduced Reporters: 72; Tailored 
Domestic Reporters: 11; Tailored Foreign Reporters: 6; Full Domestic 
Reporters: 3; Full Foreign Reporters: 6; Complex, Domestic Filers: 9; 
Complex, Foreign Filers: 4.
    Estimated average hours per response: Reduced Reporters: 60 hours; 
Tailored Domestic Reporters: 9,000 hours; Tailored Foreign Reporters: 
1,130 hours; Full Domestic Reporters: 26,000 hours; Full Foreign 
Reporters: 2,000 hours; Complex, Domestic Filers: 79,522 hours;\2\ 
Complex, Foreign Filers: 55,500 hours.
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    \2\ This estimate captures the annual time that complex, 
domestic filers will spend complying with this collection, given 
that eight of these filers will only submit two resolution plans 
over the period covered by this notice. The estimate therefore 
represents two-thirds of the time these eight firms are estimated to 
spend on each resolution plan submission.
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    Estimated annual burden hours: Reduced Reporters: 4,320 hours;

[[Page 42297]]

Tailored Domestic Reporters: 99,000 hours; Tailored Foreign Reporters: 
6,780 hours; Full Domestic Reporters: 78,000 hours; Full Foreign 
Reporters: 12,000 hours; Complex, Domestic Filers: 715,697 hours; 
Complex Foreign Filers: 222,000 hours. Total estimated annual burden: 
1,137,797.
    General description of report: Regulation QQ (12 CFR part 243) 
requires each bank holding company (BHC) with assets of $50 billion or 
more and nonbank financial firms designated by the Financial Stability 
Oversight Council (FSOC) for supervision by the Board (collectively, 
covered companies) to report annually to the Board and the FDIC the 
plan of such company for rapid and orderly resolution under the U.S. 
Bankruptcy Code in the event of the company's material financial 
distress or failure. The plans submitted pursuant to Regulation QQ, and 
identified in this information collection, are reviewed jointly by the 
Board and Federal Deposit Insurance Corporation (FDIC) (collectively, 
the Agencies). On May 24, 2018, the Economic Growth, Regulatory Reform, 
and Consumer Protection Act (EGRRCPA) \3\ amended provisions in the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank 
Act) as well as other statutes administered by the Board. The 
amendments made by EGRRCPA provide for additional tailoring of various 
provisions of Federal banking laws, including an increase in the $50 
billion asset threshold \4\ in section 165 of the Dodd-Frank Act, which 
provides the statutory basis for Regulation QQ. On September 28, 2017, 
the Board and the FDIC announced the postponement of the next plan 
submission of the largest and most complex, domestic BHCs \5\ from July 
1, 2018, to July 1, 2019, to permit the agencies to provide meaningful 
feedback on the July 2017 plans and provide the BHCs with sufficient 
time to incorporate the feedback into their next plans. If these firms 
were filing each year covered by this notice, instead of only twice, 
the total estimated annual burden for the reporting of this information 
collection would be 1,439,100 hours instead of the aforementioned 
1,137,797.
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    \3\ Public Law 115-174, 132 Stat. 1296 (2018). EGRRCPA increases 
the $50 billion asset threshold in section 165 in two stages. 
Immediately on the date of enactment, bank holding companies with 
total consolidated assets of less than $100 billion were no longer 
subject to section 165. Eighteen months after the date of enactment, 
the threshold is raised to $250 billion. EGRRCPA also provides that 
the Board may apply any enhanced prudential standard to bank holding 
companies between $100 billion and $250 billion in total 
consolidated assets.
    \4\ The total estimated annual burden reflects that the Board 
and FDIC will not enforce the final rules establishing resolution 
planning requirements in a manner inconsistent with the amendments 
made by EGRRCPA by removing the approximately 20 smaller and less 
complex firms with global total consolidated assets of less than 
$100 billion and reflecting a corresponding reduction in the 
estimated annual burden hours associated with the notice of 
approximately 29,330 (two percent). Firms with between $100 billion 
and $250 billion in total consolidated assets continue to be 
reflected in the burden estimates, as EGRRCPA provides that the 
threshold is not raised to $250 billion for eighteen months and that 
the Board may determine to continue to apply enhanced prudential 
standards to these firms beyond that period.
    \5\ This group currently consists of Bank of America 
Corporation; Bank of New York Mellon Corporation; Citigroup, Inc.; 
Goldman Sachs Group, Inc.; JPMorgan Chase & Co.; Morgan Stanley; 
State Street Corporation; and Wells Fargo & Company.
---------------------------------------------------------------------------

    The Board is exploring ways to improve the resolution planning 
process. Such improvements could include, for example, extending the 
cycle for plan submissions; focusing certain filings on key topics of 
interest and material changes; or reducing the submission requirements 
for firms with small, simple, and domestically focused activities. The 
Board will solicit comments on the effects that any such changes would 
have on paperwork burden if and when the changes are proposed.
    Legal authorization and confidentiality: This information 
collection is mandatory pursuant to section 165(d)(8) of the Dodd-Frank 
Act (Pub. L. 111-203, 124 Stat. 1376, 1426-1427), 12 U.S.C. 5365(d)(8), 
which requires the Board and the FDIC to jointly issue rules 
implementing the provisions of section 165(d) of the Dodd-Frank Act. 
The Board's Legal Division has determined that under section 
112(d)(5)(A) of the Dodd-Frank Act, the Board and the FDIC ``shall 
maintain the confidentiality of any data, information, and reports 
submitted under'' Title I (which includes section 165(d), the authority 
this regulation is promulgated under) of the Dodd-Frank Act.
    The Board and the FDIC will assess the confidentiality of 
resolution plans and related material in accordance with FOIA and the 
Board's and the FDIC's implementing regulations (12 CFR part 261 
(Board); 12 CFR part 309 (FDIC)). The Board and the FDIC expect that 
large portions of the submissions will contain or consist of ``trade 
secrets and commercial or financial information obtained from a person 
and privileged or confidential'' and information that is ``contained in 
or related to examination, operating, or condition reports prepared by, 
on behalf of, or for the use of an agency responsible for the 
regulation or supervision of financial institutions.'' This information 
is subject to withholding under exemptions 4 and 8 of the Freedom of 
Information Act (FOIA), 5 U.S.C. 552(b)(4) and 552(b)(8).\6\ The Board 
and the FDIC also recognize, however, that the regulation calls for the 
submission of details regarding covered companies that are publicly 
available or otherwise are not sensitive and should be made public. In 
order to address this, the regulation requires resolution plans to be 
divided into two portions: A public section and a confidential section.
---------------------------------------------------------------------------

    \6\ Depending upon the circumstances of any specific FOIA 
request, other exemptions may also apply.
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    In addition to any responses to guidance from the Agencies, the 
public section of the resolution plan should consist of an executive 
summary of the resolution plan that describes the business of the 
covered company and includes, to the extent material to an 
understanding of the covered company: (i) The names of material 
entities; (ii) a description of core business lines; (iii) consolidated 
or segment financial information regarding assets, liabilities, capital 
and major funding sources; (iv) a description of derivative activities 
and hedging activities; (v) a list of memberships in material payment, 
clearing, and settlement systems; (vi) a description of foreign 
operations; (vii) the identities of material supervisory authorities; 
(viii) the identities of the principal officers; (ix) a description of 
the corporate governance structure and processes related to resolution 
planning; (x) a description of material management information systems; 
and (xi) a description, at a high level, of the covered company's 
resolution strategy, covering such items as the range of potential 
purchasers of the covered company, its material entities and core 
business lines.
    While the information in the public section of a resolution plan 
should be sufficiently detailed to allow the public to understand the 
business of the covered company, such information can be high level in 
nature and based on publicly available information. The public section 
will be made available to the public exactly as submitted by the 
covered companies as soon as possible following receipt by the 
agencies. A covered company should submit a properly substantiated 
request for confidential treatment of any details in the confidential 
section that it believes are subject to withholding under exemption 4 
of the FOIA. In addition, the Board and the FDIC will make formal 
exemption and segregability determinations if and when a plan is 
requested under the FOIA.

[[Page 42298]]

    Current actions: On January 22, 2018 the Board published a notice 
in the Federal Register (83 FR 2983) requesting public comment for 60 
days on the extension, with revision, of the Reporting Requirements 
Associated with Resolution Plans (Regulation QQ). The revision to the 
clearance is burden increase due to a reassessment of the burden hours 
associated with responding to the informational requirements of 
Regulation QQ and to guidance, feedback, and additional requests for 
information by the agencies as part of the iterative resolution 
planning process. The increase in burden is mitigated by the 
postponement of the July 2018 submission date for the resolution plans 
of the complex domestic filers, which account for the largest 
percentage of overall burden hours. The comment period for this notice 
expired on March 23, 2018. The Board received one comment on the 
proposal. The commenter recommended a number of potential changes to 
Regulation QQ intended to enhance the quality of the information 
collected pursuant to the regulation and reduce the burden of the 
information collection requirements.\7\
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    \7\ These recommended changes include:
    (i) Extending the annual resolution plan filing cycle to a two-
year cycle;
    (ii) providing additional clarity on filing deadlines;
    (iii) requiring that any agency guidance be provided more than 
12 months in advance of each filing deadline;
    (iv) allowing firms to satisfy some of their Regulation QQ 
requirements by incorporating their IDI plans by reference;
    (v) providing for further tailoring based on the systemic risk 
posed by each firm,
    (vi) further reducing the need for duplicative reporting;
    (vii) adjusting the forecasting expected from the firms;
    (viii) providing greater guidance regarding regulatory 
expectations related to the resolution of financial market 
utilities;
    (ix) eliminating the strategic analysis section from tailored 
plans;
    (x) providing an opportunity for notice and comment on any new 
information requirements, the framework used for assessing 
resolution plans, and the procedures related to remediation;
    (xi) requiring the agencies to provide feedback on plans within 
six months of plan submission;
    (xii) refraining from making feedback provided to the firms 
public or providing firms more time to consider the feedback before 
it is made public; and
    (xiii) reconsidering the procedures the Board and FDIC undertake 
to engage with firms.
---------------------------------------------------------------------------

    The Board is not adopting any of the recommended changes at this 
time. Either a revision to the Board's Regulation QQ or joint action 
with the FDIC would be necessary to implement each of the recommended 
changes. Most of the recommendations would require changes to the 
Board's Regulation QQ, which could only be accomplished pursuant to a 
rulemaking. In addition, the Board could not unilaterally take the 
actions requested by these comments, even those that would not require 
a rulemaking, as they fall under the purview of a rule that the Board 
proposed jointly with the FDIC and a process that is jointly 
administered by the two agencies.\8\ However, the Board will consider 
the recommended changes in due course as it determines, in consultation 
with the FDIC, whether to conduct a joint rulemaking. The revisions 
will be implemented as proposed.
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    \8\ See 12 U.S.C. 5365(d)(8) (requiring the Board and FDIC to 
issue joint rules implementing the Dodd-Frank Act's resolution 
planning requirements), 12 CFR. Part 243 (the Board's resolution 
planning rule), and 12 CFR. Part 381 (the FDIC's resolution planning 
rule). Aspects of the statute and regulations require joint actions 
or determinations by the Board and FDIC and therefore the agencies 
have jointly developed a coordinated resolution plan review process.

    Board of Governors of the Federal Reserve System, August 15, 
2018.
Ann Misback,
Secretary of the Board.
[FR Doc. 2018-17964 Filed 8-20-18; 8:45 am]
BILLING CODE 6210-01-P



                                                42296                        Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

                                                SUMMARY:   In this document, the                        Alternate DFO, at michelle.sclater@                   SUPPLEMENTARY INFORMATION:     On June
                                                Commission released a public notice                     fcc.gov, or (202) 418–0388.                           15, 1984, the Office of Management and
                                                announcing the next meeting of the                         This is a summary of the                           Budget (OMB) delegated to the Board
                                                North American Numbering Council                        Commission’s document in CC Docket                    authority under the Paperwork
                                                (NANC). At this meeting, the NANC will                  No. 92–237, DA 18–815 released August                 Reduction Act (PRA) to approve of and
                                                consider a report from its Numbering                    6, 2018. The complete text in this                    assign OMB control numbers to
                                                Administration Oversight Working                        document is available for public                      collection of information requests and
                                                Group on the technical requirements to                  inspection and copying during normal                  requirements conducted or sponsored
                                                consolidate the services of the North                   business hours in the FCC Reference                   by the Board. Board-approved
                                                American Numbering Plan                                 Information Center, Portals II, 445 12th              collections of information are
                                                Administrator and the Pooling                           Street SW, Room CY–A257,                              incorporated into the official OMB
                                                Administrator. In addition, the FCC will                Washington, DC 20554. The document                    inventory of currently approved
                                                provide more information on the new                     may also be purchased from the                        collections of information. Copies of the
                                                Interoperable Video Calling Working                     Commission’s duplicating contractor,                  Paperwork Reduction Act Submission,
                                                Group. The NANC will also continue its                  Best Copy and Printing, Inc., 445 12th                supporting statements and approved
                                                discussions on how to modernize and                     Street SW, Room CY–B402, Washington,                  collection of information instrument(s)
                                                foster more efficient number                            DC 20554, telephone (800) 378–3160 or                 are placed into OMB’s public docket
                                                administration in the United States.                    (202) 863–2893, facsimile (202) 863–                  files. The Federal Reserve may not
                                                                                                        2898, or via the internet at http://                  conduct or sponsor, and the respondent
                                                DATES: Thursday, September 13, 2018,
                                                                                                        www.bcpiweb.com. It is available on the               is not required to respond to, an
                                                9:30 a.m.
                                                                                                        Commission’s website at http://                       information collection that has been
                                                ADDRESSES: Requests to make an oral                     www.fcc.gov.                                          extended, revised, or implemented on or
                                                statement or provide written comments                      * The Agenda may be modified at the                after October 1, 1995, unless it displays
                                                to the NANC should be sent to Darlene                   discretion of the NANC Chairman with                  a currently valid OMB control number.
                                                Biddy, Competition Policy Division,                     the approval of the Designated Federal
                                                Wireline Competition Bureau, Federal                    Officer (DFO).                                        Final Approval Under OMB Delegated
                                                Communications Commission, Portals                                                                            Authority of the Extension for Three
                                                                                                        Federal Communications Commission.                    Years, With Revision, of the Following
                                                II, 445 12th Street SW, Room 5–C150,                    Marilyn Jones,
                                                Washington, DC 20554.                                                                                         Report:
                                                                                                        Senior Counsel for Number Administration,
                                                FOR FURTHER INFORMATION CONTACT:                        Wireline Competition Bureau.                            Report title: Reporting Requirements
                                                Darlene Biddy at (202) 418–1585 or                                                                            Associated with Regulation QQ.
                                                                                                        [FR Doc. 2018–17880 Filed 8–20–18; 8:45 am]
                                                Darlene.Biddy@fcc.gov. The fax number                                                                           Agency form number: Reg QQ.
                                                                                                        BILLING CODE 6712–01–P                                  OMB control number: 7100–0346.
                                                is: (202) 418–1413. The TTY number is:
                                                                                                                                                                Frequency: Annually.
                                                (202) 418–0484.                                                                                                 Respondents: Bank holding
                                                SUPPLEMENTARY INFORMATION: The                          FEDERAL RESERVE SYSTEM                                companies 1 with assets of $50 billion or
                                                NANC meeting is open to the public.                                                                           more and nonbank financial firms
                                                The FCC will accommodate as many                        Agency Information Collection                         designated by the Financial Stability
                                                attendees as possible; however,                         Activities: Announcement of Board                     Oversight Council for supervision by the
                                                admittance will be limited to seating                   Approval Under Delegated Authority                    Board.
                                                availability. The Commission will also                  and Submission to OMB                                   Estimated number of respondents:
                                                provide audio coverage of the meeting.                  AGENCY:  Board of Governors of the                    Reduced Reporters: 72; Tailored
                                                Other reasonable accommodations for                     Federal Reserve System.                               Domestic Reporters: 11; Tailored
                                                people with disabilities are available                  SUMMARY: The Board of Governors of the                Foreign Reporters: 6; Full Domestic
                                                upon request. Request for such                          Federal Reserve System (Board) is                     Reporters: 3; Full Foreign Reporters: 6;
                                                accommodations should be submitted                      adopting a proposal to extend, with                   Complex, Domestic Filers: 9; Complex,
                                                via email to fcc504@fcc.gov or by calling               revision, the mandatory Reporting                     Foreign Filers: 4.
                                                the Consumer and governmental Affairs                   Requirements Associated with                            Estimated average hours per response:
                                                Bureau at (202) 418–0530 (voice), (202)                 Regulation QQ (OMB No. 7100–0346).                    Reduced Reporters: 60 hours; Tailored
                                                418–0432 (TTY). Such requests should                    The revisions are applicable as of July               Domestic Reporters: 9,000 hours;
                                                include a detailed description of the                   31, 2018.                                             Tailored Foreign Reporters: 1,130 hours;
                                                accommodation needed. In addition,                                                                            Full Domestic Reporters: 26,000 hours;
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                please allow at least five days advance                                                                       Full Foreign Reporters: 2,000 hours;
                                                                                                        Federal Reserve Board Clearance
                                                notice for accommodation requests; last                                                                       Complex, Domestic Filers: 79,522
                                                                                                        Officer—Nuha Elmaghrabi—Office of
                                                minute requests will be accepted but                                                                          hours;2 Complex, Foreign Filers: 55,500
                                                                                                        the Chief Data Officer, Board of
                                                may not be possible to accommodate.                                                                           hours.
                                                                                                        Governors of the Federal Reserve                        Estimated annual burden hours:
                                                   Members of the public may submit                     System, Washington, DC 20551 (202)
                                                comments to the NANC in the FCC’s                                                                             Reduced Reporters: 4,320 hours;
                                                                                                        452–3829. Telecommunications Device
                                                Electronic Comment Filing System,                       for the Deaf (TDD) users may contact                     1 This includes any foreign bank or company that
                                                ECFS, at www.fcc.gov/ecfs. Comments to                  (202) 263–4869, Board of Governors of                 is, or is treated as, a bank holding company under
                                                the NANC should be filed in CC Docket                   the Federal Reserve System,                           section 8(a) of the International Banking Act of
                                                No. 92–237.                                                                                                   1978, and that has $50 billion or more in total
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Washington, DC 20551.
                                                                                                                                                              consolidated assets.
                                                   More information about the NANC is                     OMB Desk Officer—Shagufta                              2 This estimate captures the annual time that
                                                available at https://www.fcc.gov/about-                 Ahmed—Office of Information and                       complex, domestic filers will spend complying with
                                                fcc/advisory-committees/general/north-                  Regulatory Affairs, Office of                         this collection, given that eight of these filers will
                                                american-numbering-council. You may                     Management and Budget, New                            only submit two resolution plans over the period
                                                                                                                                                              covered by this notice. The estimate therefore
                                                also contact Marilyn Jones, DFO of the                  Executive Office Building, Room 10235,                represents two-thirds of the time these eight firms
                                                NANC, at Marilyn.jones@fcc.gov, or                      725 17th Street NW, Washington, DC                    are estimated to spend on each resolution plan
                                                (202) 418–2357, Michelle Sclater,                       20503 or by fax to (202) 395–6974.                    submission.



                                           VerDate Sep<11>2014   17:31 Aug 20, 2018   Jkt 244001   PO 00000   Frm 00045   Fmt 4703   Sfmt 4703   E:\FR\FM\21AUN1.SGM   21AUN1


                                                                              Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices                                                 42297

                                                Tailored Domestic Reporters: 99,000                      BHCs 5 from July 1, 2018, to July 1,                 of the Freedom of Information Act
                                                hours; Tailored Foreign Reporters: 6,780                 2019, to permit the agencies to provide              (FOIA), 5 U.S.C. 552(b)(4) and
                                                hours; Full Domestic Reporters: 78,000                   meaningful feedback on the July 2017                 552(b)(8).6 The Board and the FDIC also
                                                hours; Full Foreign Reporters: 12,000                    plans and provide the BHCs with                      recognize, however, that the regulation
                                                hours; Complex, Domestic Filers:                         sufficient time to incorporate the                   calls for the submission of details
                                                715,697 hours; Complex Foreign Filers:                   feedback into their next plans. If these             regarding covered companies that are
                                                222,000 hours. Total estimated annual                    firms were filing each year covered by               publicly available or otherwise are not
                                                burden: 1,137,797.                                       this notice, instead of only twice, the              sensitive and should be made public. In
                                                  General description of report:                         total estimated annual burden for the                order to address this, the regulation
                                                Regulation QQ (12 CFR part 243)                          reporting of this information collection             requires resolution plans to be divided
                                                requires each bank holding company                       would be 1,439,100 hours instead of the              into two portions: A public section and
                                                (BHC) with assets of $50 billion or more                 aforementioned 1,137,797.                            a confidential section.
                                                and nonbank financial firms designated                      The Board is exploring ways to                       In addition to any responses to
                                                by the Financial Stability Oversight                     improve the resolution planning                      guidance from the Agencies, the public
                                                Council (FSOC) for supervision by the                    process. Such improvements could
                                                                                                                                                              section of the resolution plan should
                                                Board (collectively, covered companies)                  include, for example, extending the
                                                                                                                                                              consist of an executive summary of the
                                                to report annually to the Board and the                  cycle for plan submissions; focusing
                                                                                                                                                              resolution plan that describes the
                                                FDIC the plan of such company for                        certain filings on key topics of interest
                                                                                                                                                              business of the covered company and
                                                rapid and orderly resolution under the                   and material changes; or reducing the
                                                                                                                                                              includes, to the extent material to an
                                                U.S. Bankruptcy Code in the event of                     submission requirements for firms with
                                                                                                                                                              understanding of the covered company:
                                                the company’s material financial                         small, simple, and domestically focused
                                                                                                                                                              (i) The names of material entities; (ii) a
                                                distress or failure. The plans submitted                 activities. The Board will solicit
                                                                                                                                                              description of core business lines; (iii)
                                                pursuant to Regulation QQ, and                           comments on the effects that any such
                                                                                                                                                              consolidated or segment financial
                                                identified in this information collection,               changes would have on paperwork
                                                are reviewed jointly by the Board and                    burden if and when the changes are                   information regarding assets, liabilities,
                                                Federal Deposit Insurance Corporation                    proposed.                                            capital and major funding sources; (iv)
                                                (FDIC) (collectively, the Agencies). On                     Legal authorization and                           a description of derivative activities and
                                                May 24, 2018, the Economic Growth,                       confidentiality: This information                    hedging activities; (v) a list of
                                                Regulatory Reform, and Consumer                          collection is mandatory pursuant to                  memberships in material payment,
                                                Protection Act (EGRRCPA) 3 amended                       section 165(d)(8) of the Dodd-Frank Act              clearing, and settlement systems; (vi) a
                                                provisions in the Dodd-Frank Wall                        (Pub. L. 111–203, 124 Stat. 1376, 1426–              description of foreign operations; (vii)
                                                Street Reform and Consumer Protection                    1427), 12 U.S.C. 5365(d)(8), which                   the identities of material supervisory
                                                Act (Dodd-Frank Act) as well as other                    requires the Board and the FDIC to                   authorities; (viii) the identities of the
                                                statutes administered by the Board. The                  jointly issue rules implementing the                 principal officers; (ix) a description of
                                                amendments made by EGRRCPA                               provisions of section 165(d) of the                  the corporate governance structure and
                                                provide for additional tailoring of                      Dodd-Frank Act. The Board’s Legal                    processes related to resolution planning;
                                                various provisions of Federal banking                    Division has determined that under                   (x) a description of material
                                                laws, including an increase in the $50                   section 112(d)(5)(A) of the Dodd-Frank               management information systems; and
                                                billion asset threshold 4 in section 165                 Act, the Board and the FDIC ‘‘shall                  (xi) a description, at a high level, of the
                                                of the Dodd-Frank Act, which provides                    maintain the confidentiality of any data,            covered company’s resolution strategy,
                                                the statutory basis for Regulation QQ.                   information, and reports submitted                   covering such items as the range of
                                                On September 28, 2017, the Board and                     under’’ Title I (which includes section              potential purchasers of the covered
                                                the FDIC announced the postponement                      165(d), the authority this regulation is             company, its material entities and core
                                                of the next plan submission of the                       promulgated under) of the Dodd-Frank                 business lines.
                                                largest and most complex, domestic                       Act.                                                    While the information in the public
                                                                                                            The Board and the FDIC will assess                section of a resolution plan should be
                                                   3 Public Law 115–174, 132 Stat. 1296 (2018).          the confidentiality of resolution plans              sufficiently detailed to allow the public
                                                EGRRCPA increases the $50 billion asset threshold        and related material in accordance with              to understand the business of the
                                                in section 165 in two stages. Immediately on the         FOIA and the Board’s and the FDIC’s
                                                date of enactment, bank holding companies with
                                                                                                                                                              covered company, such information can
                                                total consolidated assets of less than $100 billion
                                                                                                         implementing regulations (12 CFR part                be high level in nature and based on
                                                were no longer subject to section 165. Eighteen          261 (Board); 12 CFR part 309 (FDIC)).                publicly available information. The
                                                months after the date of enactment, the threshold        The Board and the FDIC expect that                   public section will be made available to
                                                is raised to $250 billion. EGRRCPA also provides         large portions of the submissions will
                                                that the Board may apply any enhanced prudential
                                                                                                                                                              the public exactly as submitted by the
                                                standard to bank holding companies between $100
                                                                                                         contain or consist of ‘‘trade secrets and            covered companies as soon as possible
                                                billion and $250 billion in total consolidated assets.   commercial or financial information                  following receipt by the agencies. A
                                                   4 The total estimated annual burden reflects that     obtained from a person and privileged                covered company should submit a
                                                the Board and FDIC will not enforce the final rules      or confidential’’ and information that is            properly substantiated request for
                                                establishing resolution planning requirements in a       ‘‘contained in or related to examination,
                                                manner inconsistent with the amendments made by                                                               confidential treatment of any details in
                                                EGRRCPA by removing the approximately 20
                                                                                                         operating, or condition reports prepared             the confidential section that it believes
                                                smaller and less complex firms with global total         by, on behalf of, or for the use of an               are subject to withholding under
                                                consolidated assets of less than $100 billion and        agency responsible for the regulation or             exemption 4 of the FOIA. In addition,
                                                reflecting a corresponding reduction in the              supervision of financial institutions.’’
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                                                estimated annual burden hours associated with the                                                             the Board and the FDIC will make
                                                notice of approximately 29,330 (two percent). Firms
                                                                                                         This information is subject to                       formal exemption and segregability
                                                with between $100 billion and $250 billion in total      withholding under exemptions 4 and 8                 determinations if and when a plan is
                                                consolidated assets continue to be reflected in the                                                           requested under the FOIA.
                                                burden estimates, as EGRRCPA provides that the             5 This group currently consists of Bank of
                                                threshold is not raised to $250 billion for eighteen     America Corporation; Bank of New York Mellon
                                                months and that the Board may determine to               Corporation; Citigroup, Inc.; Goldman Sachs Group,     6 Depending upon the circumstances of any

                                                continue to apply enhanced prudential standards to       Inc.; JPMorgan Chase & Co.; Morgan Stanley; State    specific FOIA request, other exemptions may also
                                                these firms beyond that period.                          Street Corporation; and Wells Fargo & Company.       apply.



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                                                42298                         Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

                                                  Current actions: On January 22, 2018                    pursuant to a rulemaking. In addition,                 President) 230 South LaSalle Street,
                                                the Board published a notice in the                       the Board could not unilaterally take the              Chicago, Illinois 60690–1414:
                                                Federal Register (83 FR 2983)                             actions requested by these comments,                      1. McHenry Bancorp, Inc., McHenry,
                                                requesting public comment for 60 days                     even those that would not require a                    Illinois; to engage de novo in purchasing
                                                on the extension, with revision, of the                   rulemaking, as they fall under the                     and servicing loans, and holding and
                                                Reporting Requirements Associated                         purview of a rule that the Board                       managing improved real estate,
                                                with Resolution Plans (Regulation QQ).                    proposed jointly with the FDIC and a                   pursuant to sections 238.53(b)(1) and (8)
                                                The revision to the clearance is burden                   process that is jointly administered by                of Regulation LL.
                                                increase due to a reassessment of the                     the two agencies.8 However, the Board                    Board of Governors of the Federal Reserve
                                                burden hours associated with                              will consider the recommended changes                  System, August 16, 2018.
                                                responding to the informational                           in due course as it determines, in                     Ann Misback,
                                                requirements of Regulation QQ and to                      consultation with the FDIC, whether to                 Secretary of the Board.
                                                guidance, feedback, and additional                        conduct a joint rulemaking. The                        [FR Doc. 2018–17975 Filed 8–20–18; 8:45 am]
                                                requests for information by the agencies                  revisions will be implemented as                       BILLING CODE 6210–01–P
                                                as part of the iterative resolution                       proposed.
                                                planning process. The increase in                           Board of Governors of the Federal Reserve
                                                burden is mitigated by the                                System, August 15, 2018.                               FEDERAL RESERVE SYSTEM
                                                postponement of the July 2018
                                                                                                          Ann Misback,
                                                submission date for the resolution plans                                                                         Formations of, Acquisitions by, and
                                                                                                          Secretary of the Board.
                                                of the complex domestic filers, which                                                                            Mergers of Bank Holding Companies
                                                account for the largest percentage of                     [FR Doc. 2018–17964 Filed 8–20–18; 8:45 am]
                                                overall burden hours. The comment                         BILLING CODE 6210–01–P                                   The companies listed in this notice
                                                period for this notice expired on March                                                                          have applied to the Board for approval,
                                                23, 2018. The Board received one                                                                                 pursuant to the Bank Holding Company
                                                comment on the proposal. The                              FEDERAL RESERVE SYSTEM                                 Act of 1956 (12 U.S.C. 1841 et seq.)
                                                commenter recommended a number of                                                                                (BHC Act), Regulation Y (12 CFR part
                                                                                                          Notice of Proposals To Engage in or                    225), and all other applicable statutes
                                                potential changes to Regulation QQ
                                                                                                          To Acquire Companies Engaged in                        and regulations to become a bank
                                                intended to enhance the quality of the
                                                                                                          Permissible Nonbanking Activities                      holding company and/or to acquire the
                                                information collected pursuant to the
                                                regulation and reduce the burden of the                      The companies listed in this notice                 assets or the ownership of, control of, or
                                                information collection requirements.7                     have given notice under section 10 of                  the power to vote shares of a bank or
                                                  The Board is not adopting any of the                    the Home Owners’ Loan Act (12 U.S.C.                   bank holding company and all of the
                                                recommended changes at this time.                         1467a) (HOLA) and Regulation LL, (12                   banks and nonbanking companies
                                                Either a revision to the Board’s                          CFR part 238) to engage de novo, or to                 owned by the bank holding company,
                                                Regulation QQ or joint action with the                    acquire or control voting securities or                including the companies listed below.
                                                FDIC would be necessary to implement                      assets of a company, including the                       The applications listed below, as well
                                                each of the recommended changes. Most                     companies listed below, that engages                   as other related filings required by the
                                                of the recommendations would require                      either directly or through a subsidiary or             Board, are available for immediate
                                                changes to the Board’s Regulation QQ,                     other company, in a nonbanking activity                inspection at the Federal Reserve Bank
                                                which could only be accomplished                          that is listed in § 238.53 of Regulation               indicated. The applications will also be
                                                                                                          LL (12 CFR 225.53). Unless otherwise                   available for inspection at the offices of
                                                  7 These    recommended changes include:
                                                                                                          noted, these activities will be conducted              the Board of Governors. Interested
                                                   (i) Extending the annual resolution plan filing
                                                                                                          throughout the United States.                          persons may express their views in
                                                cycle to a two-year cycle;                                                                                       writing on the standards enumerated in
                                                   (ii) providing additional clarity on filing               Each notice is available for inspection
                                                deadlines;                                                at the Federal Reserve Bank indicated.                 the BHC Act (12 U.S.C. 1842(c)). If the
                                                   (iii) requiring that any agency guidance be            The notice also will be available for                  proposal also involves the acquisition of
                                                provided more than 12 months in advance of each           inspection at the offices of the Board of              a nonbanking company, the review also
                                                filing deadline;
                                                                                                          Governors. Interested persons may                      includes whether the acquisition of the
                                                   (iv) allowing firms to satisfy some of their                                                                  nonbanking company complies with the
                                                Regulation QQ requirements by incorporating their         express their views in writing on the
                                                IDI plans by reference;                                   question whether the proposal complies                 standards in section 4 of the BHC Act
                                                   (v) providing for further tailoring based on the       with the standards of section 10(c)(4)(B)              (12 U.S.C. 1843). Unless otherwise
                                                systemic risk posed by each firm,
                                                                                                          of the HOLA 12 U.S.C. 1467a(c)(4)(B).                  noted, nonbanking activities will be
                                                   (vi) further reducing the need for duplicative                                                                conducted throughout the United States.
                                                reporting;                                                   Unless otherwise noted, comments
                                                                                                                                                                   Unless otherwise noted, comments
                                                   (vii) adjusting the forecasting expected from the      regarding the notices must be received
                                                                                                                                                                 regarding each of these applications
                                                firms;                                                    at the Reserve Bank indicated or the
                                                   (viii) providing greater guidance regarding
                                                                                                                                                                 must be received at the Reserve Bank
                                                                                                          offices of the Board of Governors not
                                                regulatory expectations related to the resolution of                                                             indicated or the offices of the Board of
                                                                                                          later than September 4, 2018.
                                                financial market utilities;                                                                                      Governors not later than September 18,
                                                   (ix) eliminating the strategic analysis section from      A. Federal Reserve Bank of Chicago
                                                                                                                                                                 2018.
                                                tailored plans;                                           (Colette A. Fried, Assistant Vice                        A. Federal Reserve Bank of Dallas
                                                   (x) providing an opportunity for notice and
                                                comment on any new information requirements, the
                                                                                                                                                                 (Robert L. Triplett III, Senior Vice
                                                                                                            8 See 12 U.S.C. 5365(d)(8) (requiring the Board
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                                                framework used for assessing resolution plans, and                                                               President) 2200 North Pearl Street,
                                                                                                          and FDIC to issue joint rules implementing the
                                                the procedures related to remediation;                    Dodd-Frank Act’s resolution planning                   Dallas, Texas 75201–2272:
                                                   (xi) requiring the agencies to provide feedback on     requirements), 12 CFR. Part 243 (the Board’s             1. Woodforest Financial Group
                                                plans within six months of plan submission;               resolution planning rule), and 12 CFR. Part 381 (the   Employee Stock Ownership Plan, The
                                                   (xii) refraining from making feedback provided to      FDIC’s resolution planning rule). Aspects of the       Woodlands, Texas; and Woodforest
                                                the firms public or providing firms more time to          statute and regulations require joint actions or
                                                consider the feedback before it is made public; and       determinations by the Board and FDIC and
                                                                                                                                                                 Financial Group Employee Stock
                                                   (xiii) reconsidering the procedures the Board and      therefore the agencies have jointly developed a        Ownership Trust, Spring, Texas; to
                                                FDIC undertake to engage with firms.                      coordinated resolution plan review process.            acquire up to an additional 28 percent


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Document Created: 2018-08-21 00:07:26
Document Modified: 2018-08-21 00:07:26
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
ActionOn January 22, 2018 the Board published a notice in the Federal Register (83 FR 2983) requesting public comment for 60 days on the extension, with revision, of the Reporting Requirements Associated with Resolution Plans (Regulation QQ). The revision to the clearance is burden increase due to a reassessment of the burden hours associated with responding to the informational requirements of Regulation QQ and to guidance, feedback, and additional requests for information by the agencies as part of the iterative resolution planning process. The increase in burden is mitigated by the postponement of the July 2018 submission date for the resolution plans of the complex domestic filers, which account for the largest percentage of overall burden hours. The comment period for this notice expired on March 23, 2018. The Board received one comment on the proposal. The commenter recommended a number of potential changes to Regulation QQ intended to enhance the quality of the information collected pursuant to the regulation and reduce the burden of the information collection requirements.\7\
ContactFederal Reserve Board Clearance Officer--Nuha Elmaghrabi--Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.
FR Citation83 FR 42296 

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