SPST-0153 Regulatory Capital Rules - Renewal 6-23-2023

NONPUBLIC//FDIC BUSINESS

SUPPORTING STATEMENT
REGULATORY CAPITAL RULES
(OMB No. 3064-0153)
INTRODUCTION
The Federal Deposit Insurance Corporation (FDIC) is requesting a three-year renewal of the
Regulatory Capital Rules (OMB No. 3064-0153). This collection comprises the reporting,
disclosure, and recordkeeping requirements associated with minimum capital requirements and
overall capital adequacy standards for insured state nonmember banks, state savings associations,
and certain subsidiaries of those entities. The data is used by the FDIC to evaluate capital before
approving various applications by insured depository institutions, to evaluate capital as an
essential component in determining safety and soundness, and to determine whether an
institution is subject to prompt corrective action provisions. The current clearance for the
collection expires on January 31, 2024. There is no change in the method or substance of the
collection.
A.

JUSTIFICATION
1.

Circumstances and Need
In June 2016, the Financial Accounting Standards Board (FASB) issued
Accounting Standards Update (ASU) No. 2016-13, Topic 326, Financial
Instruments—Credit Losses,1 which revises the accounting for credit losses under
U.S. generally accepted accounting principles (U.S. GAAP). ASU No. 2016-13
introduces CECL and the term, purchased credit deteriorated assets, which
replaces the term, purchased credit-impaired assets, and modifies the treatment of
credit losses on available-for-sale debt securities.
In February 2019, the agencies adopted a final rule titled, “Regulatory Capital
Rule: Implementation and Transition of the Current Expected Credit Losses
Methodology for Allowances and Related Adjustments to the Regulatory Capital
Rule and Conforming Amendments to Other Regulations” (CECL).2 CECL
revised the agencies’ regulatory capital rules to identify which credit loss
allowances under the new accounting standard are eligible for inclusion in
regulatory capital and to provide banking organizations the option to phase in the
effect on regulatory capital that may result from the adoption of the new
accounting standard. CECL amended certain regulatory disclosure requirements
to reflect changes to U.S. GAAP.

ASU No. 2016-13 introduces ASC Topic 326 that covers measurement of credit losses on financial instruments
and includes three subtopics: (i) Subtopic 10 Financial Instruments—Credit Losses—Overall; (ii) Subtopic 20:
Financial Instruments—Credit Losses—Measured at Amortized Cost; and (iii) Subtopic 30: Financial Instruments—
Credit Losses—Available-for-Sale Debt Securities.
2
“Regulatory Capital Rule: Implementation and Transition of the Current Expected Credit Losses Methodology for
Allowances and Related Adjustments to the Regulatory Capital Rule and Conforming Amendments to Other
Regulations,” 84 FR 11879 (Mar. 29, 2019).
1

NONPUBLIC//FDIC BUSINESS

The FDIC’s capital rule at 12 C.F.R. part 3243 contains disclosure and
recordkeeping requirements associated with minimum capital requirements and
overall capital adequacy standards for insured state nonmember banks, state
savings associations, and certain subsidiaries of those entities. The data is used
by the FDIC to evaluate capital before approving various applications by insured
depository institutions, to evaluate capital as an essential component in
determining safety and soundness, and to determine whether an institution is
subject to prompt corrective action provisions.
In particular, the capital rule (1) contains a common equity tier 1 minimum capital
requirement, a minimum tier 1 capital requirement, and, for banking organizations
subject to the advanced approaches capital rules, a supplementary leverage ratio
that incorporates a broad set of exposures in the denominator measure; (2) places
limits on a banking organization’s capital distributions and certain discretionary
bonus payments if the banking organization does not hold a specified amount of
common equity tier 1 capital in addition to the amount necessary to meet its
minimum risk-based capital requirements; (3) contains conservative standards for
including an instrument in regulatory capital; (4) provides for calculating riskweighted assets to enhance risk sensitivity and address weaknesses identified over
recent years; (5) includes alternatives to credit ratings, consistent with section
939A of the Dodd-Frank Act; (6) includes methodologies for determining riskweighted assets for residential mortgages, securitization exposures, and equity
exposures; (7) contains disclosure requirements that apply to top-tier banking
organizations domiciled in the United States with $50 billion or more in total
assets, including disclosures related to regulatory capital instruments; (8) includes
advanced approaches risk-based capital rules consistent with Basel III and section
939A and section 171 of the Dodd-Frank Act; and (9) applies the market risk
capital rules to state savings associations.
Under CECL, banking organizations subject to the disclosure requirements in
section 63 of the capital rules are required to update their disclosures to reflect the
adoption of CECL. For example, such banking organizations are required to
disclose allowance for credit losses instead of allowance for loan and lease losses
after the CECL adoption. For advanced approaches banking organizations, the
agencies adopted similar revisions to Tables 2, 3, and 5 in section 173 of the
capital rules to reflect the adoption of CECL. In addition, the agencies revised
those tables for electing advanced approaches banking organizations to disclose
two sets of regulatory capital ratios. One set reflects the banking organization’s
capital ratios with the CECL transition provision and the other set reflects the
banking organization’s capital ratios on a fully phased-in basis.

In 2014, the FDIC revised its capital rule in accordance with Section 171 of the Dodd-Frank Act which requires the
agencies to establish minimum risk-based and leverage capital requirements.

3

2

NONPUBLIC//FDIC BUSINESS

The FDIC’s capital rule at 12 C.F.R. part 324 requires a U.S. intermediate holding
company subject to Category III standards to maintain a minimum supplementary
leverage ratio of 3 percent given its size and risk profile.
In June 2020, the FDIC adopted an interim final rule with the Office of the
Comptroller of the Currency (OCC) and the Board of Governors of the Federal
Reserve System (FRB) which revised the regulatory capital rule found at 12
C.F.R. part 324. State nonmember banks and state savings associations, when
calculating on-balance sheet assets as of each day of a reporting quarter for
purposes of determining the state nonmember bank’s or state savings
association’s total leverage exposure, may exclude the balance sheet carrying
value of U.S. Treasury securities and funds on deposit at a Federal Reserve Bank.
Before applying this relief, state nonmember banks and state savings associations
must first notify the FDIC.
The interim final rule introduced a new notice opt-in requirement and a
requirement for prior approval for distributions. State nonmember banks and state
savings associations, when calculating on-balance sheet assets as of each day of a
reporting quarter for purposes of determining the state nonmember bank’s or state
savings association’s total leverage exposure, may exclude the balance sheet
carrying value of U.S. Treasury securities and funds on deposit at a Federal
Reserve Bank. Before applying this relief, state nonmember banks and state
savings associations must first notify the FDIC.
2.

Use of the Information Collected
The FDIC uses the data collected under the rule to fulfill its statutory obligations
to adopt a risk-based capital requirement, determine whether an institution has
elected to use the CECL transition provision, and assess the adequacy of a
qualifying bank’s risk-based capital. The specific information collection
requirements are as follows:
Minimum Regulatory Capital Ratios
Reporting
Sections _.22(c)(5)(i) and (c)(6) state that a bank, with the prior written approval
of the FDIC, for the period of time stipulated by the FDIC, that underwrites a
failed underwriting is not required to deduct a significant investment in the capital
of an unconsolidated financial institution or an investment in a covered debt
instrument if such investment is related to such failed underwriting.
Section _.22(d)(2)(i)(C) states that a bank, with the prior written approval of the
FDIC, for the period of time stipulated by the FDIC, that underwrites a failed
underwriting is not required to deduct a significant investment in the capital of an
unconsolidated financial institution in the form of common stock if such
investment is related to such failed underwriting.
3

NONPUBLIC//FDIC BUSINESS

Section _.22(h)(2)(iii)(A) allows the use of a conservative estimate of the amount
of a bank’s indirect investment in its own capital instruments, its indirect
investment in the capital of an unconsolidated financial institution, or its indirect
investment in a covered debt instrument held through a position in an index, as
applicable, with prior approval by the appropriate agency.
Recordkeeping Requirements
Section _.3(d) of the agencies’ capital rules provide for termination and close-out
netting across multiple types of transactions or agreements if the bank obtains a
written legal opinion verifying the validity and enforceability of the agreement
under certain circumstances and maintains sufficient written documentation of
this legal review.
Standardized Approach
Recordkeeping Requirements
Section _.35(b)(3)(i)(A) of the agencies’ capital rules require, for a cleared
transaction with a qualified central counterparty (QCCP), that a client bank apply
a risk weight of 2 percent, provided that the collateral posted by the bank to the
QCCP is subject to certain arrangements and the client bank has conducted a
sufficient legal review (and maintains sufficient written documentation of the
legal review) to conclude with a well-founded basis that the arrangements, in the
event of a legal challenge, would be found to be legal, valid, binding and
enforceable under the law of the relevant jurisdictions.
Section _.37(c)(4)(i)(E) requires that a bank have policies and procedures
describing how it determines the period of significant financial stress used to
calculate its own internal estimates for haircuts and be able to provide empirical
support for the period used. In addition, the bank must obtain the prior approval
of the FDIC for to make any material changes to these policies and procedures.
Section _.41(b)(3) allows for synthetic securitizations a bank’s recognition, for
risk-based capital purposes, of a credit risk mitigant to hedge underlying
exposures if certain conditions are met, including the bank’s having obtained a
well-reasoned opinion from legal counsel that confirms the enforceability of the
credit risk mitigant in all relevant jurisdictions.
In addition, section _.41(c)(2)(i) requires that a bank support a demonstration of
its comprehensive understanding of a securitization exposure by conducting and
documenting an analysis of the risk characteristics of each securitization
exposure prior to its acquisition, taking into account a number of specified
considerations.
Section .41(c)(2)(ii) requires on an on-going basis (no less frequently than
quarterly), a bank must evaluate, review, and update as appropriate the analysis
4

NONPUBLIC//FDIC BUSINESS

required under this section for each securitization exposure.
Reporting Requirements
Section _.37(c)(4)(i)(E) requires that a bank obtain the prior approval of the FDIC
to make any material changes to the policies and procedures describing how it
determines the period of significant financial stress used to calculate its own
internal estimates for haircuts and be able to provide empirical support for the
period used.
Disclosure Requirements
Section _.42(e)(2) addresses risk-weighted assets for securitization exposures and
requires that a bank publicly disclose that is has provided implicit support to the
securitization and the risk-based capital impact to the bank of providing such
implicit support.
Section _.62(a) specifies a quarterly frequency for the disclosure of information in
the applicable tables set out in section _.63 and, if a significant change occurs,
such that the most recent reported amounts are no longer reflective of the bank’s
capital adequacy and risk profile, it also would require the bank to disclose as
soon as practicable thereafter, a brief discussion of the change and its likely
impact. This section would allow for annual disclosure of qualitative information
that typically does not change each quarter, provided that any significant changes
are disclosed in the interim.
Section _.62(b) requires that a bank have a formal disclosure policy approved by
the board of directors that addresses its approach for determining the disclosures
it makes. The policy is required to address the associated internal controls and
disclosure controls and procedures.
Section _.62(c) requires a bank with total consolidated assets of $50 billion or
more that is not an advanced approaches bank, if it concludes that specific
commercial or financial information required to be disclosed under section _.62 is
exempt from disclosure by the agency under the Freedom of Information Act (5
U.S.C. 552), to disclose more general information about the subject matter of the
requirement and the reason the specific items of information have not been
disclosed.
Section _.63(a) requires certain disclosures for each of the last three years
beginning on the effective date of the rule for banks with total consolidated assets
of $50 billion or more that are not advanced approaches banks, including
qualitative and quantitative disclosures related to capital structure, capital
adequacy, capital conservation buffer, general credit risk, counterparty credit riskrelated exposures, credit risk mitigation, securitizations, certain equities, and
interest rate risk for non-trading activities.
5

NONPUBLIC//FDIC BUSINESS

In addition, section _.63(b) requires quarterly disclosure of a bank’s common
equity tier 1 capital, additional tier 1 capital, tier 2 capital, tier 1 and total capital
ratios, including the regulatory capital elements and all the regulatory adjustments
and deductions needed to calculate the numerator of such ratios; total riskweighted assets, including the different regulatory adjustments and deductions
needed to calculate total risk-weighted assets; regulatory capital ratios during any
transition periods, including a description of all the regulatory capital elements
and all regulatory adjustments and deductions needed to calculate the numerator
and denominator of each capital ratio during any transition period; and a
reconciliation of regulatory capital elements as they relate to its balance sheet in
any audited consolidated financial statements.
Tables 1 through 10 to section _.63 set forth qualitative and quantitative
disclosure requirements for scope of application, capital structure, capital
adequacy, capital conservation buffer, credit risk, counterparty credit risk-related
exposures, credit risk mitigation, securitizations, equities not subject to Subpart F
of the rule, and interest rate risk for non-trading activities.
Advanced Approaches 1
Recordkeeping Requirements
Sections _.121 and _.122 require that a covered institution adopt a written
implementation plan that addresses how it will comply with the framework’s
qualification requirements, including incorporation of a comprehensive and sound
planning and governance process to oversee the implementation efforts. The
institution must also develop processes for assessing capital adequacy in relation
to an organization’s risk profile and a comprehensive strategy for maintaining an
appropriate level of capital. It must have in place internal risk rating and
segmentation systems for wholesale and retail risk exposures, including
comprehensive risk parameter quantification processes and processes for annual
reviews and analyses of reference data to determine its relevance. It must
document its process for identifying, measuring, monitoring, controlling, and
internally reporting operational risk; verify the accurate and timely reporting of
risk-based capital requirements; and monitor, validate, and refine its advanced
systems.
Section _.132(d)(3)(vi) requires that a bank, in order to obtain prior FDIC approval to
calculate the distributions of exposures upon which the EAD calculation is based,
must demonstrate to the satisfaction of the FDIC that it has been using for at least one
year an internal model that broadly meets the minimum standards, with which the
bank must maintain compliance. In addition, the bank must have procedures to
identify, monitor, and control wrong-way risk throughout the life of an exposure. The
procedures must include stress testing and scenario analysis.

The FDIC’s capital rule at 12 C.F.R. part 324 requires a U.S. intermediate holding company subject to Category III
standards to maintain a minimum supplementary leverage ratio of 3 percent given its size and risk profile.

1

6

NONPUBLIC//FDIC BUSINESS

Section _.132(d)(3)(viii) requires that, when estimating model parameters based on a
stress period, the bank must use at least three years of historical data that include a
period of stress to the credit default spreads of the bank’s counterparties. The bank
must review the data set and update the data as necessary, particularly for any
material changes in its counterparties. The bank must demonstrate at least quarterly
that the stress period coincides with increased CDS or other credit spreads of the
institution’s counterparties. The bank must have procedures to evaluate the
effectiveness of its stress calibration that include a process for using benchmark
portfolios that are vulnerable to the same risk factors as the institution’s portfolio.
The FDIC may require the institution to modify its stress calibration to better reflect
actual historic losses of the portfolio.
Section _.132(d)(3)(ix) requires that a bank subject its internal model to an initial
validation and annual model review process. The model review should consider
whether the inputs and risk factors, as well as the model outputs, are appropriate. As
part of the model review process, the institution must have a backtesting program for
its model that includes a process by which unacceptable model performance will be
determined and remedied.
Section _.132(d)(3)(x) requires that a bank must have policies for the measurement,
management and control of collateral and margin amounts.
Section _.132(d)(3)(xi) requires that a bank have a comprehensive stress testing
program that captures all credit exposures to counterparties, and incorporates stress
testing of principal market risk factors and creditworthiness of counterparties.
Section _.133(b)(3)(i)(A) requires that a bank maintain sufficient written
documentation of the legal review for a cleared transaction with a QCCP.
Section _.141 addresses operational criteria for recognizing the transfer of risk.
Section _.141(b)(3) requires a well-reasoned legal opinion confirming the
enforceability of the credit risk mitigant in all relevant jurisdictions.
Section _.141(c)(1) and _.141(c)(2)(i) require an advanced approaches bank to
demonstrate its comprehensive understanding of a securitization exposure for
each securitization exposure by conducting an analysis of the risk characteristics
of a securitization exposure prior to acquiring the exposure and document such
analysis within three business days after acquiring the exposure.
Section _.141(c)(2)(ii) requires that, on an ongoing basis (no less frequently than
quarterly), a bank must evaluate, review, and update as appropriate the analysis
required under this section for each securitization exposure.
Reporting Requirements
Section _.121(b)(2) requires an institution to submit an implementation plan,
7

NONPUBLIC//FDIC BUSINESS

together with a copy of the minutes of the board of directors’ approval, to the
FDIC at least 60 days before the FDIC-supervised institution proposes to begin its
parallel run, unless the FDIC waives prior notice.
Section _.121(c) requires an institution to report, during the parallel run, to report
to the FDIC on a calendar quarterly basis its risk-based capital ratios.
Section _.122(d) – (g) requires an institution to obtain the prior written approval
of the FDIC under section 324.132 to use the internal models methodology for
counterparty credit risk and the advanced CVA approach for the CVA capital
requirement, section 324.135 to use the double default treatment, section 324.153
to use the internal models approach for equity exposures, and section
324.122(g)(3) to generate an estimate of its operational risk exposure using an
alternative approach.
Section _.123(a) requires an institution to notify its Federal supervisor of changes
to advance systems and requires submission of a plan for returning to compliance
with qualification requirements.
Section _.124 requires an institution to notify its primary Federal supervisor when
it makes a material change to its advanced systems and to develop an
implementation plan after any mergers.
Section _.132(b)(2)(iii)(A) addresses counterparty credit risk of repo-style
transactions, eligible margin loans, and OTC derivative contracts and allows a
bank, with the FDIC’s prior written approval, to calculate haircuts (Hs and Hfx)
using its own internal estimates of the volatilities of market prices and foreign
exchange rates. To receive FDIC approval to use its own internal estimates, a
bank must satisfy the minimum quantitative standards outlined in the section.
Section _.132(b)(3) provides that with the prior written approval of the agency, an
institution may estimate EAD for a netting set using a VaR model that meets
certain requirements.
Section _.132(d)(1) allows the use of the internal models methodology to
determine EAD for counterparty credit risk for derivative contracts with prior
written approval.
Section _.132(d)(1)(iii) allows the use of the internal models methodology for
derivative contracts, eligible margin loans, and repo-style transactions subject to a
qualifying cross-product netting agreement with prior written approval.
Section _.132(d)(2)(iv) provides that for risk-weighted assets using the internal
models methodology (IMM), a bank uses an internal model to estimate the
expected exposure (EE) for a netting set and then calculates EAD based on that
EE. A bank must calculate two EEs and two EADs (one stressed and one
unstressed) for each netting as outlined in this section. Under the IMM, EAD =
8

NONPUBLIC//FDIC BUSINESS

Max (0, α × effective EPE−CVA), or, subject to the prior written approval of
FDIC as provided in paragraph (d)(10) of this section, a more conservative
measure of EAD.
Section _.153(b) provides that a bank must receive prior written approval from its
primary Federal supervisor before it can use the Internal Models Approach.
Disclosure Requirements
Section _.142, which outlines the capital treatment for securitization exposures,
requires that a bank publicly disclose that it has provided implicit support to the
securitization and the regulatory capital impact to the bank of providing such
implicit support.
Section _.172 specifies that each bank that is an advanced approaches bank to
publicly disclose its total and tier 1 risk-based capital ratios and their components.
Section _.173 requires a bank that is an advanced approaches bank to make the
qualitative and quantitative disclosures described in Tables 1 through 12. The
bank must make these disclosures publicly available for each of the last three
years (that is, twelve quarters) or such shorter period beginning on January 1,
2014. Table 2 to section _.173 addresses disclosures related to capital structure.
Table 3 to section _.173 addresses disclosures related to capital adequacy. Table
4 to section _.173 addresses disclosures related to capital conservation and
countercyclical buffers. Table 5 to section _.173 addresses general disclosures
related to credit risk. Table 9 to section _.173 addresses disclosures related to
securitizations. Table 12 to section _.173 addresses disclosures related interest
rate risk for non-trading activities. Table 13 to section _.173 addresses
disclosures related to supplementary leverage ratios.
Section _.124(a) requires a bank that merges with or acquires a company that
does not calculate its risk-based capital requirements using advanced systems,
and uses subpart D to determine the risk-weighted asset amounts for the merged
or acquired company’s exposures, the bank must disclose publicly the amounts
of risk-weighted assets and qualifying capital calculated under this subpart for
the bank and under subpart D for the acquired company.
3.

Use of Technology to Reduce Burden
The agencies use information technology to reduce burden on institutions and
decrease costs to insured depository institutions and the agencies. Insured
depository institutions are required to store data in an electronic format allowing
timely retrieval for analysis, reporting and disclosure purposes. Institutions are
also encouraged to provide information for public disclosure on their websites.

4.

Efforts to Identify Duplication
The information collected is institution-specific. The information is used to fully
9

NONPUBLIC//FDIC BUSINESS

assess the adequacy of a qualifying bank’s risk-based capital. Substantially all of
the information collected is not otherwise available.
5.

Minimizing the Burden on Small Entities
This collection does not have a significant impact on a substantial number of
small entities. In particular, according to Call Report data as of December 30,
2022, there were 3,038 FDIC-supervised institutions. Only one of these FDICsupervised institutions is affected by the regulatory capital rule and does not have
total assets of less than $850 million therefore meeting the Small Business
Administration’s definition of a “small entity.”

6.

Consequence of Less Frequent Collections
The FDIC would not be able to adequately monitor capital levels and ensure
safety and soundness in covered institutions if the information were collected less
frequently.

7.

Special Circumstances
The rule requires banks to maintain data used to estimate risk parameters. For
wholesale exposures, default data must be maintained for at least 5 years, loss
severity data must be maintained for at least 7 years, and exposure amount data
must be maintained for at least 7 years. Retail segment exposure default, loss
severity and exposure amount data must be maintained for at least five years.
In addition to the requirements for a minimum number of years that data must be
maintained, the default, loss severity, and exposure amount data must include
periods of economic downturn conditions, or the bank must adjust its estimates of
risk parameters to compensate for the lack of data from such periods.
Maintenance of data for these periods is necessary for banks to conduct adequate
statistical analysis to support the associated risk parameters used to calculate the
risk-based capital requirement.

8.

Consultation with Persons Outside the FDIC
A notice seeking public comment for a 60-day period was published in the
Federal Register on March 31, 2023. No comments were received.

9.

Payment or Gift to Respondents
None.

10.

Confidentiality
Any information deemed to be of a confidential nature would be exempt from
public disclosure in accordance with the provisions of the Freedom of Information
Act (5 U.S.C. 552).
10

NONPUBLIC//FDIC BUSINESS

11.

Information of a Sensitive Nature
This collection contains no sensitive information.

11

NONPUBLIC//FDIC BUSINESS

12.

Burden Estimates
ESTIMATED HOURLY BURDEN - NET AMOUNT - 2023 Renewal
Estimated
Estimated
Time per
Type of Burden
Number of
Response
Respondents
Recordkeeping
1
330.00

BASEL III Advanced Approaches:
RECORDKEEPING, DISCLOSURE, and
REPORTING
Implementation plan -- Section _.121(b): Ongoing
Documentation of advanced systems -- Section
_.122(j): Ongoing

On Occasion

Total Annual
Estimated
Burden
330

Frequency of
Response

Recordkeeping

1

19.00

On Occasion

19

(CCR) -- Section _.132(d)(3)(vi): One-time

Recordkeeping

1

80.00

On Occasion

80

(CCR) -- Section _.132(d)(3)(viii): One-time

Recordkeeping

1

80.00

On Occasion

80

(CCR) -- Section _.132(d)(3)(viii) Ongoing

Recordkeeping

1

10.00

Quarterly

40

(CCR) -- Section _.132(d)(3)(ix): One-time

Recordkeeping

1

40.00

On Occasion

40

(CCR) -- Section _.132(d)(3)(ix): Ongoing

Recordkeeping

1

40.00

On Occasion

40

(CCR) -- Section _.132(d)(3)(x): One-time

Recordkeeping

1

20.00

On Occasion

20

(CCR) -- Section _.132(d)(3)(xi): One-time

Recordkeeping

1

40.00

On Occasion

40

(CCR) -- Section _.132(d)(3)(xi): Ongoing

Recordkeeping

1

40.00

On Occasion

40

(OC) -- Section _.141(b)(3), _.141(c)(1),
_.141(c)(2)(i)-(ii)
One-time

Recordkeeping

1

39.00

On Occasion

39

(OC) -- Section _.141(c)(2)(i)-(ii): Ongoing

Recordkeeping

1

10.00

Quarterly

40

(CCR) -- Section _.132(b)(2)(iii)(A): One-time

Reporting

1

80.00

On Occasion

80

(CCR) -- Section _.132(b)(2)(iii)(A): Ongoing

Reporting

1

16.00

On Occasion

16

(CCR) -- Section _.132(d)(2)(iv): One-time
(CCR) -- Section _.132(d)(2)(iv): Ongoing

Reporting
Reporting

1
1

80.00
40.00

On Occasion
On Occasion

80
40

Supervisory approvals -- Sections_.121(b)(2),
_.121(c),_.122(d)-(g), _.123(a), _.124, _.132(b)(3),
_.132(d)(1), _.132(d)(1)(iii)
Ongoing

Reporting

1

55.77

On Occasion

56

Reporting

1

1.00

On Occasion

1

Disclosure

1

5.78

On Occasion

6

(CCB and CCYB) -- Section _.173, Table 4
(Securitization) -- Section _.173, Table 9
(IRR) -- Section_.173, Table 12
Ongoing

Disclosure

1

25.00

Quarterly

100

(CCB and CCYB) -- Section _.173, Table 4
(Securitization) -- Section _.173, Table 9
(IRR) -- Section _.173, Table 12
One-time

Disclosure

1

200.00

On Occasion

200

Disclosure

1

2.00

Quarterly

8

Disclosure

1

16.00

On Occasion

16

Disclosure

1

2.00

Quarterly

8

Disclosure

1

16.00

On Occasion

16

Section _.153(b): One-time
Sections _.142 and _.172
Ongoing

(Capital Structure) -- Section_.173, Table 2:
Ongoing
(Capital Structure) -- Section_.173, Table 2: Onetime
(Capital Adequacy) -- Section_.173, Table 3:
Ongoing
(Capital Adequacy) -- Section _.173, Table 3:
One-time

12

NONPUBLIC//FDIC BUSINESS

(CR) --Section_.173, Table 5: Ongoing

Disclosure

1

12.00

Quarterly

48

(CR) -- Section _.173, Table 5: One-time

Disclosure

1

96.00

On Occasion

96

(CR) --Section_.173, Table 13: Ongoing

Disclosure

1

5.00

Quarterly

20

Section_.124(a): Ongoing

Disclosure

1

0.50

Quarterly

2

SUBTOTAL: One-time
Recordkeeping, Reporting, and Disclosure

788

SUBTOTAL: Ongoing
Recordkeeping, Disclosure, and Reporting

813

TOTAL RECORDKEEPING, DISCLOSURE, and
REPORTING

1,601

Type of Burden

Estimated
Number of
Respondents

Estimated
Time per
Response

Frequency of
Response

Total Annual
Estimated
Burden

Recordkeeping

3,038

8.00

On Occasion

24,304

Regulatory Capital Adjustments and Deductions -Prior Approval -- Sections_.22(c)(5)(i), (c)(6),
(d)(2)(i)(C)
Ongoing

Reporting

1

6.00

On Occasion

6

Regulatory Capital Adjustments and Deductions -Prior Approval -- Section_.22(h)(2)(iii)(A)
Ongoing

Reporting

3,038

2.00

On Occasion

6,076

Minimum Regulatory Capital Ratios:
RECORDKEEPING and REPORTING
(CCR Operational Requirements) -- Sections
_.3(d) and_.22(h)(2)(iii)(A): Ongoing

SUBTOTAL: One-time Recordkeeping and
Reporting
SUBTOTAL: Ongoing Recordkeeping and
Reporting

0
30,386

TOTAL RECORDKEEPING

30,386

Type of Burden

Estimated
Number of
Respondents

Estimated
Time per
Response

Frequency of
Response

Total Annual
Estimated
Burden

(QCCP) -- Section _.35(b)(3)(i)(A): One-time

Recordkeeping

1

2.00

On Occasion

2

(QCCP) -- Section _.35(b)(3)(i)(A): Ongoing

Recordkeeping

3,038

2.00

On Occasion

6,076

Standardized Approach:RECORDKEEPING,
REPORTING, and DISCLOSURE

(CT) -- Section _.37(c)(4)(i)(E): One-time

Recordkeeping

1

80.00

On Occasion

80

(CT) -- Section _.37(c)(4)(i)(E): Ongoing

Recordkeeping

3,038

16.00

On Occasion

48,608

(SE) -- Section _.41(b)(3) and _.41(c)(2)(i)
One-time

Recordkeeping

1

40.00

On Occasion

40

(SE) -- Section _.41(c)(2)(ii): Ongoing

Recordkeeping

3,038

2.00

On Occasion

6,076

(CT) -- Section _.37(c)(4)(i)(E): Ongoing

Reporting

1

1.00

On Occasion

1

(S.E.) -- Section _.42(e)(2)
(C.R.) Sections_.62(a),(b),& (c)
(Q&Q) Sections_.63(a) & (b)
One-time

Disclosure

1

226.25

On Occasion

226

(S.E.) -- Section _.42(e)(2)
(C.R.) Sections_.62(a),(b),& (c)
(Q&Q) Sections_.63(a) & (b) and _.63 Tables:
Ongoing

Disclosure

1

131.25

Quarterly

525

13

NONPUBLIC//FDIC BUSINESS

SUBTOTAL: One-time
Recordkeeping, Reporting, and Disclosure

348

SUBTOTAL: Ongoing
Recordkeeping, Reporting, and Disclosure

61,286

TOTAL RECORDKEEPING, REPORTING, and
DISCLOSURE

61,634

ESTIMATED COST TO RESPONDENTS ASSOCIATED WITH HOURLY BURDEN
Total One-Time Burden Hours

1,136

Total Ongoing Burden Hours

92,485

TOTAL BURDEN HOURS

93,621

Annualized Cost of Internal Hourly Burden:

93,621 hours x $89.63 per hour = $8,391,250.23.

Information
Collection
Request

Table 2. Summary of Hourly Burden Cost Estimate (OMB No. 3064-0153)
Percentage Shares of Hours Spent by and
Hourly Compensation Rates for each Occupation Group
(by Collection)
Exec. & Mgr.
($133.82)

Lawyer
($165.76)

Compl. Ofc.
($64.61)

Fin. Anlst.
($101.15)

Clerical
($37.83)

10

15

15

30

30

Regulatory
Capital Rules

Estimated Hourly
Compensation Rate

$89.63

Source: Bureau of Labor Statistics: National Industry-Specific Occupational Employment and Wage Estimates: Industry:
Credit Intermediation and Related Activities (5221 And 5223 only)' (May 2021), Employer Cost of Employee
Compensation (March 2021), and Employment Cost Index (March 2021 and December 2022). Standard Occupational
Classification (SOC) Codes: Exec. And Mgr = 11-0000 Management Occupations; Lawyer = 23-0000 Legal Occupations;
Compl. Ofc. = 13-1040 Compliance Officers; Fin. Anlst. = 13-2051 Financial and Investment Analysts; Clerical = 43-0000
Office and Administrative Support Occupations.
Note: The estimated hourly compensation rate for this ICR is the average of the hourly compensation rates for the
occupations used to comply with that collection, weighted by the share of hours spent by each occupation.

13.

Capital, Start-Up and Maintenance Costs
None.

14.

Estimated Annual Cost to the Federal Government
None. The reports are processed by existing FDIC staff.

15.

Reason for Change in Burden
There is no change in the method or substance of the collection. The 26,635-hour
decrease in burden hours is a result of economic fluctuation as well as a decrease
in the number of entities subject to the information collection.

14

NONPUBLIC//FDIC BUSINESS

16.

Publication
The information is not published.

17.

Display of Expiration Date
Not applicable.

18.

Exceptions to Certification
None.

B.

STATISTICAL METHODS
Not applicable.

15