Initial (60-Day) Federal Register Notice

FR1-0204 Margin and Capital Requirements for Swap Entities 88 FR 47503 JUkly 24 2023.pdf

Margin and Capital Requirements for Swap Entities

Initial (60-Day) Federal Register Notice

OMB: 3064-0204

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices

47503

lotter on DSK11XQN23PROD with NOTICES1

Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.

OMB No. 3064–0184 Total Estimated
Annual Burden (Hours): 4,049.
General Description of Collection:
Section 13 of the Bank Holding
Company Act of 1956 (section 13)
contains certain restrictions on the
ability of a banking entity to engage in
proprietary trading and to have certain
interests in, or relationships with, a
hedge fund or private equity fund. The
FDIC’s regulations at 12 CFR part 351
(part 351) implement section 13 with
respect to FDIC-supervised insured
depository institutions (IDIs). The
requirements in part 351 do not apply
to FDIC-supervised IDIs that have, and
if every company that controls it has,
total consolidated assets of $10 billion
or less and total trading assets and
trading liabilities, that are five percent
or less of total consolidated assets.1 Part
351 contains provisions that constitute
information collections (ICs) under the
Paperwork Reduction Act
corresponding to policies, rules, and
regulations regarding periodic reporting
requirements, documentation of trading
activities and compliance programs, and
various other recordkeeping and
disclosure requirements for FDICsupervised IDIs that are subject to the
requirements of part 351 (covered bank).
There is no change in the substance
or methodology of this information
collection. The estimated annual burden
for this information collection is 4,049
hours. This is an increase of 856 hours
from the total estimated annual burden
of 3,193 hours submitted in 2020. As
was the case in 2020, the FDIC assumes
that all covered banks have completed
the implementation portions of this
information collection. Thus, the
current estimated annual
implementation burden is identical to
the estimated annual implementation
burden in 2020 (1,664 hours).
The increase in burden is driven
entirely by the increase in the total
annual ongoing burden which is now
estimated to be 2,385 hours, an increase
of 856 hours from the estimated annual
burden used in 2020 (1,529 hours).
Specifically, the number of covered
banks considered to have ‘‘significant’’
trading assets and liabilities has
increased from one in 2020 to two in the
current estimate. Generally, the ICs that
apply only to these covered banks—
such as those under §§ 351.20(a)—

1

351.20(e)—have the highest estimated
time per response, and an increase in
the number of respondents will lead to
a correspondingly large increase in the
total estimated annual burden. This
increase is attenuated by a decrease in
the total number of covered banks with
‘‘moderate’’ or ‘‘significant’’ trading
assets and liabilities from ten in the
2020 ICR to seven in this ICR, which has
led to a corresponding decrease in the
total estimated annual burden for those
line items that apply to all covered
banks with ‘‘moderate’’ or ‘‘significant’’
trading assets and liabilities. The total
estimated annual hourly burden for both
implementation and ongoing
compliance is shown in Tables 1 and 2
above.
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collection,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. All comments will become
a matter of public record.
Federal Deposit Insurance Corporation.
Dated: July 18, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–15565 Filed 7–21–23; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0143; –0204]

Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:

The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described below
(OMB Control No. 3064–0143 and
–0204).

SUMMARY:

Comments must be submitted on
or before September 22, 2023.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
• Email: [email protected]. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street NW building
(located on F Street NW), on business
days between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, [email protected], MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collection of
information:
1. Title: Forms Relating to Processing
Deposit Insurance Claims.
OMB Number: 3064–0143.
Affected Public: Private sector
individuals and entities maintaining
deposits at insured depository
institutions.
Burden Estimate:
DATES:

12 CFR 351.2(r)(2).

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47504

Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0143]
Information collection
(obligation to respond)

Type of burden
(frequency of response)

1. 7200/04—Declaration for Government Deposit
(Required to obtain benefit).
2. 7200/05—Declaration for Revocable Living
Trust (Required to obtain benefit).
3. 7200/06—Declaration of Independent Activity
(Required to obtain benefit).
4. 7200/07—Declaration of Independent Activity
for Unincorporated Association (Required to
obtain benefit).
5. 7200/08—Declaration for Joint Ownership Deposit (Required to obtain benefit).
6. 7200/09—Declaration for Testamentary Deposit (Required to obtain benefit).
7. 7200/10—Declaration for Defined Contribution
Plan (Required to obtain benefit).
8. 7200/11—Declaration for IRA/KEOGH Deposit
(Required to obtain benefit).
9. 7200/12—Declaration for Defined Benefit Plan
(Required to obtain benefit).
10. 7200/13—Declaration for Custodian Deposit
(Required to obtain benefit).
11. 7200/14—Declaration for Health and Welfare
Plan (Required to obtain benefit).
12. 7200/15—Declaration for Plan and Trust (Required to obtain benefit).
13. 7200/18—Declaration for Irrevocable Trust
(Required to obtain benefit).
14. 7200/24—Claimant Verification (Required to
obtain benefit).
15. 7200/26—Depositor Interview (Required to
obtain benefit).
16. Deposit Broker Submission Checklist (Required to obtain benefit).
17. Electronic file on customers, ‘‘Broker Input
File Requirements’’ (Required to obtain benefit).
18. Exhibit A, Affidavit of Agency Account form
(Required to obtain benefit).
19. Exhibit B, The standard agency agreement,
or the non-standard agency agreement (Required to obtain benefit).
Total Annual Burden (Hours) ........................

Number of
responses per
respondent

Number of
respondents

Time per
response
(HH:MM)

Annual
burden
(hours)

Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).
Reporting
sion).

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

01:00

1

(On occa-

1

1

00:30

1

(On occa-

1

1

01:00

1

(On occa-

1

1

00:30

1

(On occa-

1

1

01:00

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:30

1

(On occa-

1

1

00:05

0

(On occa-

1

1

00:45

1

Reporting (On occasion).
Reporting (On occasion).

1

1

05:00

5

1

1

00:10

0

........................

........................

........................

21:00

.......................................

lotter on DSK11XQN23PROD with NOTICES1

Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.
This calculation method results in the rounding down to zero hours of very small values such as those shown in ICs 16 and 19.

General Description of Collection:
When an insured depository institution
(IDI) is closed by its primary regulatory
authority, the FDIC has the
responsibility to pay the insured
deposits pursuant to section 11(a) and
(f) of the Federal Deposit Insurance Act
(FDI Act), 12 U.S.C. 1821(a) and (f); and
the FDIC’s regulations, ‘‘Deposit
Insurance Coverage,’’ 12 CFR part 330,
and ‘‘Recordkeeping for Timely Deposit
Insurance Determination,’’ 12 CFR part
370. In the event that the requisite
information is not available in a failed
IDI’s records, the FDIC will utilize these

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forms, declarations and affidavits to
request the necessary information from
a depositor. The forms are used to
facilitate the FDIC’s deposit insurance
determinations in the event of the
failure of an insured depository
institution. It includes 19 information
collection (IC) line items, including 15
that apply to both depositors and their
agents (e.g. deposit brokers) and four
intended for use by agents alone.
There is no change in the substance
or methodology of this information
collection. The change in burden is due
to the decline in estimated burden hours

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from 590 to 21 hours. The decline in
estimated hours is driven by the decline
in deposit insurance determinations and
associated valid form submissions in the
2018–2022 period.
2. Title: Margin and Capital
Requirements for Swap Entities
[Interagency] IFR.
OMB Number: 3064–0204.
Forms: None.
Affected Public: Any FDIC-insured
state-chartered bank that is not a
member of the Federal Reserve System
or FDIC-insured state-chartered savings
association that is registered as a swap

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47505

Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
dealer, major swap participant, security

based swap dealer, or major security
based swap participant.

Burden Estimate:

SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0204]
Number of
responses per
respondent

Number of
respondents

Time per
response
(HH:MM)

Annual
burden
(hours)

Information collection
(obligation to respond)

Type of burden
(frequency of response)

1. § 349.2 Definition of ‘‘Eligible Master Netting
Agreement,’’ paragraphs (4)(i) and (ii)
§ 349.8(g) Documentation § 349.10 Documentation of Margin Matters (Mandatory).
2. § 349.7(c) Custody Agreement (Mandatory) ....
3. § 349.8(c) and (d) Initial Margin Model (Mandatory).
4. § 349.8(f)(3) Initial Margin Modeling Report
(Mandatory).
5. § 349.8(h) Escalation Procedures (Mandatory)
6. § 349.9(e) Requests for Determinations (Required to Obtain Benefits).
7. Documentation, 12 CFR 349.8(g) (Mandatory)

Recordkeeping (Annual)

1

1

5:00

5

Recordkeeping (Annual)
Reporting (On occasion).
Reporting (On occasion).
Recordkeeping (Annual)
Reporting (On Occasion).
Recordkeeping (Annual)

1
1

1
1

100:00
240:00

100
240

1

1

50:00

50

1
1

1
1

20:00
10:00

20
10

1

1

80:00

80

Total Annual Burden (Hours): .......................

.......................................

........................

........................

........................

505

lotter on DSK11XQN23PROD with NOTICES1

Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.

General Description of Collection: The
regulations at part 349 subpart A impose
reporting and recordkeeping
requirements, as defined by the PRA, on
any FDIC-insured state-chartered bank
that is not a member of the Federal
Reserve System or FDIC-insured statechartered savings association that is
registered as a swap entity (covered
swap entity). As such, the FDIC must
periodically obtain approval from the
Office of Management and Budget
(OMB) for these collections of
information (ICs) with respect to
covered swap entities. The OMB
approves these ICs through OMB No.
3064–0204, and last approved the ICR
on September 8, 2020 (2020 ICR). OMB
No. 3064–0204 is set to expire on
September 30, 2023. The 2020 ICR
contained eleven ICs comprising 1,261
estimated annual responses for an
estimated annual burden of 1,740 hours.
There is no change in the substance
or methodology of this information
collection. The change in burden is due
to the decline in estimated burden hours
from 1,760 to 505 hours. The decline in
estimated hours is driven primarily
from a reduction in the number of ICs
relative to the 2020 ICR. The ICs from
the 2020 ICR that were not included in
this renewal had an estimated 1,253
annual responses and an estimated
1,295 annual burden hours.

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Request for Comment
Comments are invited on: (a) whether
the collections of information are
necessary for the proper performance of
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collections,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collections of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. All comments will become
a matter of public record.
Federal Deposit Insurance Corporation.
Dated July 18, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–15563 Filed 7–21–23; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes

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and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in the BHC Act
(12 U.S.C. 1842(c)).
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington DC 20551–0001, not later
than August 21, 2023.
A. Federal Reserve Bank of Kansas
City (Jeffrey Imgarten, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001. Comments

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