Final (30-Day) Federal Register Notice

FR2-0204 Margin and Capital Requirements for Swap Entities 88 FR 65678 Sept 25 2023.pdf

Margin and Capital Requirements for Swap Entities

Final (30-Day) Federal Register Notice

OMB: 3064-0204

Document [pdf]
Download: pdf | pdf
65678

Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices

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: Jennifer Jones (202–898–
6768), Regulatory Counsel, MB–3078,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at

ADDRESSES:

the rear of the 17th Street NW building
(located on F Street NW), on business
days between 7 a.m. and 5 p.m.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.

3078, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION:

FOR FURTHER INFORMATION CONTACT:

Jennifer Jones, Regulatory Counsel, 202–
898–6768, [email protected], MB–

Proposal to renew the following
currently approved collection of
information:
1. Title: Reporting Requirements
Associated with Resolution Planning.
OMB Number: 3064–0210.
Forms: None.
Affected Public: Covered Companies
as defined in 12 CFR part 381.
Burden Estimate:

TABLE 1—SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0210]
Information collection
(obligation to respond)

Type of burden
(frequency of
response)

12 CFR 381.4(a)—Biennial Filers—Domestic ..............

Reporting (Biennial).
Reporting (Triennial).
Reporting (Triennial).
Reporting (Triennial).
Reporting (On occasion).

12 CFR 381.4(b)—Triennial Full—Complex Foreign ....
12 CFR 381.4(b)—Triennial Full—Foreign and Domestic.
12 CFR 381.4(c)—Triennial Reduced ..........................
12 CFR 381.4(d)(6)(ii)—Waivers by Covered Companies.

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

General Description of Collection:
This collection comprises the reporting
requirements associated with 12 CFR
part 381.1 Section 381 implements the
resolution planning requirements of
section 165(d) of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (the Dodd-Frank Act),2 which
require certain financial companies
(covered companies) to report
periodically to the FDIC and the Board
of Governors of the Federal Reserve
System (Board) (together, the agencies)
their plans for rapid and orderly
resolution under the U.S. Bankruptcy
Code 3 in the event of material financial
distress or failure. The goal of the DoddFrank Act resolution planning process is
to help ensure that a covered company’s
failure would not have serious adverse
effects on financial stability in the
United States. The resolution planning
process requires covered companies to
demonstrate that they have adequately
assessed the challenges that their
structures and business activities pose
to a rapid and orderly resolution in the
1 12

CFR part 381.
U.S.C. 5365(d).
3 11 U.S.C. 101–1532.
2 12

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Number of
responses per
respondent

Number of
respondents

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

Time per
response
(HH:MM)

Annual burden
(hours)

4

1

40,115:00

160,460

1

1

9,916:00

9,916

7

1

5,667:00

39,669

27

1

20:00

540

1

1

1:00

1

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

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

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

210,586

event of material financial distress or
failure and that they have taken action
to address those challenges, including
through the development of capabilities
appropriate to the covered company’s
size and complexity.
There is no change in the method or
substance of the collection. The 7,254hour increase in burden hours is a result
of an increase in the number of entities
subject to the information collection.

Federal Deposit Insurance Corporation.
Dated at Washington, DC, on September
20, 2023.
James P. Sheesley,
Assistant Executive Secretary.

Request for Comment

[OMB No. 3064–0143; –0204]

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.

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[FR Doc. 2023–20682 Filed 9–22–23; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL DEPOSIT INSURANCE
CORPORATION

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, invites the
general public and other Federal
agencies to take this opportunity to
comment on the request to renew the
existing information collections
described below (OMB Control No.
3064–0143; –0204). The notices of the
proposed renewal for these information

SUMMARY:

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65679

Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices
collections were previously published
in the Federal Register on July 24, 2023,
allowing for a 60-day comment period.
DATES: Comments must be submitted on
or before October 25, 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 a.m. and 5 p.m.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.

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:

SUMMARY OF ESTIMATED ANNUAL BURDEN

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[OMB No. 3064–0143]
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. 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).

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

01:00

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

01:00

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

01:00

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:30

1

Reporting (On occasion) ...

1

1

00:05

0

Reporting (On occasion) ...

1

1

00:45

1

Reporting (On occasion) ...

1

1

05:00

5

Reporting (On occasion) ...

1

1

00:10

0

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

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

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

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

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

21:00

Source: FDIC.

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65680

Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices

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
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
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
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) ...

1
1

1
1

100:00
240:00

100
240

Reporting (On occasion) ...

1

1

50:00

50

Recordkeeping (Annual) ....

1

1

20:00

20

Reporting (On Occasion) ...

1

1

10:00

10

Recordkeeping (Annual) ....

1

1

80:00

80

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

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

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

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

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

505

ddrumheller on DSK120RN23PROD 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

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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

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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.
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

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Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Notices
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 at Washington, DC, on September
20, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–20680 Filed 9–22–23; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL HOUSING FINANCE
AGENCY
[No. 2023–N–11]

Proposed Collection; Comment
Request
Federal Housing Finance
Agency.
ACTION: Members of Federal Home Loan
Banks—30-day notice of submission of
information collection for approval from
Office of Management and Budget.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Housing Finance Agency
(FHFA) is seeking public comments
concerning an information collection
known as ‘‘Members of the Banks,’’
which has been assigned control
number 2590–0003 by the Office of
Management and Budget (OMB). FHFA
intends to submit the information
collection to OMB for review and
approval of a three-year extension of the
control number, which is due to expire
on September 30, 2023.
DATES: Interested persons may submit
comments on or before October 25,
2023.
ADDRESSES: Submit comments to the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for the
Federal Housing Finance Agency,
Washington, DC 20503, Fax: (202) 395–
3047, Email: OIRA_submission@
omb.eop.gov. Please also submit
comments to FHFA, identified by
‘‘Proposed Collection; Comment
Request: ‘Members of the Banks, (No.
2023–N–11)’ ’’ by any of the following
methods:
• Agency Website: www.fhfa.gov/
open-for-comment-or-input.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the

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SUMMARY:

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instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
[email protected] to ensure
timely receipt by the agency.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Office of
General Counsel, 400 Seventh Street
SW, Washington, DC 20219,
ATTENTION: Proposed Collection;
Comment Request: ‘‘Members of the
Banks, (No. 2023–N–11).’’
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, email
address, and telephone number, on the
FHFA website at http://www.fhfa.gov.
Copies of all comments received will
be available for examination by the
public through the electronic comment
docket for this PRA Notice also located
on the FHFA website.
FOR FURTHER INFORMATION CONTACT:
Lindsay Spadoni, Assistant General
Counsel, [email protected],
(202) 649–3634 or Angela Supervielle,
Senior Counsel, Angela.Supervielle@
fhfa.gov, (202) 649–3973 (these are not
toll-free numbers). For TTY/TRS users
with hearing and speech disabilities,
dial 711 and ask to be connected to any
of the contact numbers above.
SUPPLEMENTARY INFORMATION:
A. Paperwork Reduction Act
Under the PRA (44 U.S.C. 3501–
3520), Federal agencies must obtain
approval from OMB for each collection
of information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that ten or more persons
submit information to a third party.
FHFA’s collection of information set
forth in this document is titled
‘‘Members of the Banks’’ (assigned
control number 2590–0003 by OMB). To
comply with the PRA requirement,
FHFA is publishing notice of a proposed
three-year extension of this collection of
information and renewal of the control
number, which is due to expire on
September 30, 2023.
A. Background
The Federal Home Loan Bank System
consists of eleven regional Federal
Home Loan Banks (Banks) and the
Office of Finance (a joint office of the
Banks that issues and services the
Banks’ debt securities). The Banks are
wholesale financial institutions,
organized under the authority of the
Federal Home Loan Bank Act (Bank Act)
to serve the public interest by enhancing

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65681

the availability of residential housing
finance and community lending credit
through their member institutions and,
to a limited extent, through certain
eligible nonmembers. Each Bank is
structured as a regional cooperative that
is owned and controlled by member
institutions located within its district,
which are also its primary customers.
The Banks carry out their public policy
functions primarily by providing low
cost loans, known as advances, to their
members. With limited exceptions, an
institution may obtain advances and
access other products and services
provided by a Bank only if it is a
member of that Bank.
The Bank Act limits membership in
any Bank to specific types of financial
institutions located within the Bank’s
district that meet specific eligibility
requirements. Section 4 of the Bank Act
specifies the types of institutions that
may be eligible for membership and
establishes eligibility requirements that
each type of applicant must meet in
order to become a Bank member.1 That
provision also specifies that (with
limited exceptions) an eligible
institution may become a member only
of the Bank of the district in which the
institution’s ‘‘principal place of
business’’ is located.2 With respect to
the termination of Bank membership,
section 6(d) of the Bank Act sets forth
requirements pursuant to which an
institution may voluntarily withdraw
from membership or a Bank may
terminate an institution’s membership
for cause.3
B. Need For and Use of the Information
Collection
FHFA’s regulation entitled ‘‘Members
of the Banks,’’ located at 12 CFR part
1263, implements the statutory
provisions on Bank membership and
otherwise establishes substantive and
procedural requirements relating to the
initiation and termination of
membership. Many of the provisions in
the membership regulation require that
an institution submit information to a
Bank or to FHFA, in most cases to
demonstrate compliance with statutory
or regulatory requirements or to request
action by the Bank or Agency.
There are four types of information
collections that may occur under part
1263. First, the regulation provides that
(with limited exceptions) no institution
may become a member of a Bank unless
it has submitted to that Bank an
application that documents the
applicant’s compliance with the
1 See

12 U.S.C. 1424(a).
12 U.S.C. 1424(b).
3 See 12 U.S.C. 1426(d).
2 See

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