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100492
Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Notices
burden estimates; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology. Pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), the FCC seeks specific
comment on how it might ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’
OMB Control Number: 3060–0174.
Title: Sections 73.1212, 76.1615, and
76.1715, Sponsorship Identification.
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities and Individuals or
households.
Number of Respondents and
Responses: 52,760 respondents,
1,939,422 responses.
Estimated Time per Response: 0.0011
hour–2.166 hours.
Frequency of Response:
Recordkeeping requirement; Third party
disclosure requirement; On occasion
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in 47 U.S.C.
151, 152, 154(i), 154(j), 303(r), 307, 317,
and 325(c) of the Communications Act,
as amended.
Total Annual Burden: 347,851 hours.
Total Annual Cost: $2,010,723.
Needs and Uses: The Commission, in
the Second Report and Order, FCC 24–
61, takes steps to ensure clear and
reasonable foreign sponsorship
identification rules. Section 73.1212(j)
of the Commission’s rules, 47 CFR
73.1212(j), requires radio and television
broadcast stations to disclose to their
audiences, at the time of broadcast,
when material aired pursuant to the
lease of time on the station has been
sponsored, paid for, or furnished by a
foreign governmental entity. Section
73.1212(k) of the Commission’s rules, 47
CFR 73.1212(k), imposes corresponding
obligations on stations with section
325(c) permits. The Commission’s
authority to impose these regulations
stems from section 317 of the
Communications Act, which requires
broadcast licensees to inform their
audiences when the station has been
paid to air a particular program, in
furtherance of the longstanding
broadcasting tenet that the public has a
right to know the identity of those that
solicit its support.
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The foreign sponsorship identification
rules require broadcast licensees, at the
time of entering or renewing a lease
agreement (unless a once-a-year
exception applies), to exercise
reasonable diligence to ascertain
whether a programming disclosure is
required. To ensure that licensees are
complying with their reasonable
diligence and disclosure obligations, the
foreign sponsorship identification rules
require licensees to memorialize their
required inquiries of lessees and to
maintain records of their programming
disclosures and their reasonable
diligence efforts.
In the Second Report and Order, the
Commission modified the rule’s
information collection requirements by
adopting an approach that provides
licensees with two options for
demonstrating that they have met their
duty of inquiry in seeking to obtain the
information needed to determine
whether the programming provided by a
lessee is sponsored by a foreign
governmental entity. The Commission
designed this approach to provide
licensees with as much flexibility as
possible and to minimize their
paperwork costs and burdens while still
ensuring compliance with the
reasonable diligence requirements.
One option available to licensees is
the use of certifications, where both the
licensee and the lessee complete a
certification reflecting the
communications and inquiries required
under the existing rules. Licensees and
lessees have the option either to use
sample certification language set forth
in simple, one-page, ‘‘check-box’’
templates appended to the Second
Report and Order or to use language of
the parties’ own choosing. Most licensee
and lessee employees should be able to
complete the forms quickly and readily,
based upon their existing knowledge
and understanding. It is highly unlikely
that either the licensee or the lessee
would need to engage in any type of
research to respond to the queries
contained in the certifications. Notably,
these are the same inquiries the
Commission adopted in the First Report
and Order, only formatted now as a
certification. If licensees and lessees
prefer not to use the Commission’s
templates, they may use their own
certification language, provided that
language addresses the points listed in
§ 73.1212(j)(3)(i) through (iii) of the
rules, which were adopted in the First
Report and Order. The Commission
granted this flexibility to alleviate or
minimize costs for licensees that already
had developed their own certifications
based on the existing foreign
sponsorship identification rules. A
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lessee’s certification should convey the
information needed to determine
whether a disclosure is required and the
information needed for a broadcast
disclosure if one is required.
As an alternative to the certification
option, licensees may choose to ask
their lessees for screenshots of lessees’
search results of two federal government
websites (the Department of Justice’s
FARA database and the Commission’s
U.S.-based foreign media outlet report).
Licensees choosing this option must
still comply with all other aspects of the
current rules, as they have been
required to do since the compliance
date of the First Report and Order.
Licensees are encouraged to include in
their lease agreements a requirement for
lessees to provide notice of any change
in status so as to trigger the need for a
foreign sponsorship disclosure.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024–29222 Filed 12–11–24; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0165; –0183]
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.
3064–0165 and –0183). The notices of
proposed renewal for these information
collections were previously published
in the Federal Register on October 10,
2024, and October 21, 2024, allowing for
a 60-day comment period.
DATES: Comments must be submitted on
or before January 13, 2025.
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.
SUMMARY:
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100493
Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Notices
• 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 also 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 Comment’’’’ 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.
Proposal
to renew the following currently
approved collection of information:
1. Title: Pillar 2 Guidance—Advanced
Capital Framework.
OMB Number: 3064–0165.
Form Number: None.
Affected Public: Insured state
nonmember banks and certain
subsidiaries of these entities.
Burden Estimate:
SUPPLEMENTARY INFORMATION:
SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0165]
Number of
responses
per
respondent
Number of
respondents
Time per
response
(HH:MM)
Information collection (IC)
(obligation to respond)
Type of burden
(frequency of response)
Annual burden
(hours)
Supervisory Guidance: Supervisory
Process of Capital Adequacy (Pillar 2) Related to the Implementation of the Basel II Advanced Capital Framework (Voluntary).
Recordkeeping (Quarterly) ...............
1
4
105:00
420
Total Annual Burden (Hours): ....
...........................................................
........................
........................
........................
420
Source: FDIC.
General Description of Collection. In
2008, the Office of the Comptroller of
the Currency, the Board of Governors of
the Federal Reserve System, and the
FDIC issued a supervisory guidance
document related to the supervisory
review process of capital adequacy
(Pillar 2) in connection with the
implementation of the Basel II
Advanced Capital Framework. Sections
37, 41, 43 and 46 of the guidance
include possible information
collections. Section 37 provides that
banks should state clearly the definition
of capital used in any aspect of its
internal capital adequacy assessment
process (ICAAP) and document any
changes in the internal definition of
capital. Section 41 provides that banks
should maintain thorough
documentation of its ICAAP. Section 43
specifies that the board of directors
should approve the bank’s ICAAP,
review it on a regular basis, and approve
any changes. Section 46 recommends
that boards of directors periodically
review the assessment of overall capital
adequacy and analyze how measures of
internal capital adequacy compare with
other capital measures such as
Type of burden
(obligation to respond)
IC description
Frequency of
response
regulatory or accounting. There has
been no change in the method or
substance of this information collection,
the burden is unchanged from the 2021
burden estimate.
2. Title: Credit Risk Retention.
OMB Number: 3064–0183.
Form Number: None.
Affected Public: Insured State
nonmember banks, State savings
institutions, insured State branches of
foreign banks, and any subsidiary of the
aforementioned entities.
Burden Estimate:
Estimated
number of
respondents
Number of
responses/
respondent
Hours per
response
Total annual
estimated
burden
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure Burdens
§ 373.4(a)(2) Standard Risk Retention—Horizontal
Interest.
§ 373.4(a)(1) Standard Risk Retention—Vertical Interest.
§ 373.4(a)(3) Standard Risk Retention—Combined
Interest *.
§ 373.5 Revolving Master Trusts ...............................
§ 373.6 Eligible ABCP Conduits * ..............................
§ 373.7 Commercial MBS * ........................................
§ 373.10 Qualified Tender Option Bonds * ................
§ 373.11 Allocation of Risk Retention to an Originator *.
§ 373.13 Exemption for Qualified Residential Mortgages *.
§ 373.15 Exemption for Qualifying Commercial
Loans, Commercial Real Estate and Automobile
Loans *.
§ 373.16 Underwriting Standards for Qualifying
Commercial Loans *.
§ 373.17 Underwriting Standards for Qualifying
Commercial Real Estate Loans *.
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Disclosure (Mandatory) ...
On Occasion
2
2
5.5
22
Disclosure (Mandatory) ...
On Occasion
2
2
2.0
8
Disclosure (Mandatory) ...
On Occasion
1
1
7.5
8
Disclosure
Disclosure
Disclosure
Disclosure
Disclosure
On
On
On
On
On
Occasion
Occasion
Occasion
Occasion
Occasion
3
1
1
1
1
2
1
1
1
1
7.0
3.0
20.75
6.0
2.5
42
3
21
6
3
Disclosure (Mandatory) ...
On Occasion
1
1
1.25
1
Disclosure (Mandatory) ...
On Occasion
1
1
20.0
20
Disclosure (Mandatory) ...
On Occasion
1
1
1.25
1
Disclosure (Mandatory) ...
On Occasion
1
1
1.25
1
PO 00000
(Mandatory)
(Mandatory)
(Mandatory)
(Mandatory)
(Mandatory)
Frm 00031
...
...
...
...
...
Fmt 4703
Sfmt 4703
E:\FR\FM\12DEN1.SGM
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Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Notices
IC description
§ 373.18 Underwriting Standards for Qualifying
Automobile Loans *.
Disclosure Subtotal .............................................
Estimated
number of
respondents
Number of
responses/
respondent
Hours per
response
Total annual
estimated
burden
Type of burden
(obligation to respond)
Frequency of
response
Disclosure (Mandatory) ...
On Occasion
1
1
1.25
1
..........................................
.....................
........................
........................
........................
137
Recordkeeping Burdens
§ 373.4(a)(2) Standard Risk Retention—Horizontal
Interest.
§ 373.4(a)(1) Standard Risk Retention—Vertical Interest.
§ 373.4(a)(3) Standard Risk Retention—Combined
Interest *.
§ 373.5 Revolving Master Trusts ...............................
(Manda-
On Occasion
2
2
0.5
2
(Manda-
On Occasion
2
2
0.5
2
(Manda-
On Occasion
1
1
0.5
1
(Manda-
On Occasion
3
2
0.5
3
(Manda-
On Occasion
1
1
20.0
20
(Manda-
On Occasion
1
1
30.0
30
(Manda-
On Occasion
1
1
20.0
20
(Manda-
On Occasion
1
1
40.0
40
(Manda-
On Occasion
1
1
0.5
1
Recordkeeping (Mandatory).
Recordkeeping (Mandatory).
Recordkeeping (Mandatory).
On Occasion
1
1
40.0
40
On Occasion
1
1
40.0
40
On Occasion
1
1
40.0
40
Recordkeeping Subtotal .....................................
..........................................
.....................
........................
........................
........................
239
Total Annual Burden Hours .........................
..........................................
.....................
........................
........................
........................
376 hours
§ 373.6 Eligible ABCP Conduits * ..............................
§ 373.7 Commercial MBS * ........................................
§ 373.11 Allocation of Risk Retention to an Originator *.
§ 373.13 Exemption for Qualified Residential Mortgages *.
§ 373.15 Exemption for Qualifying Commercial
Loans, Commercial Real Estate and Automobile
Loans *.
§ 373.16 Underwriting Standards for Qualifying
Commercial Loans *.
§ 373.17 Underwriting Standards for Qualifying
Commercial Real Estate Loans *.
§ 373.18 Underwriting Standards for Qualifying
Automobile Loans *.
ddrumheller on DSK120RN23PROD with NOTICES1
General Description of Collection:
This information collection request
comprises disclosure and recordkeeping
requirements under the credit risk
retention rule issued pursuant to section
15G of the Securities Exchange Act of
1934 (15 U.S.C. 78o–11), as added by
section 941 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Dodd-Frank).1 The Credit Risk
Retention rule (the Rule) was jointly
issued in 2015 by the FDIC, the Office
of the Comptroller of the Currency
(OCC), the Federal Reserve Board
(Board’’, the Securities and Exchange
Commission (the Commission) and,
with respect to the portions of the Rule
addressing the securitization of
residential mortgages, the Federal
Housing Finance Agency (FHFA) and
the Department of Housing and Urban
Development (HUD).2 The FDIC
regulations corresponding to the Rule
are found at 12 CFR part 373.3
Section 941 of Dodd-Frank requires
the Board, the FDIC, the OCC
Public Law 111–2–3, 124 Stat. 1376 (2010).
79 FR 77740.
3 Each agency adopted the same rule text but each
agency’s version of its rule is codified in different
parts of the Code of Federal Regulations with
substantially identical section numbers (e.g., __.01;
.ll02, etc.). Rule citations herein are to FDIC’s
version of the Rule which is codified at 12 CFR part
373.
1
2
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Jkt 265001
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
Recordkeeping
tory).
(collectively, the Federal banking
agencies), the Commission and, in the
case of the securitization of any
‘‘residential mortgage asset,’’ together
with HUD and FHFA, to jointly
prescribe regulations that (i) require an
issuer of an asset-backed security or a
person who organizes and initiates an
asset backed securities transaction by
selling or transferring assets, either
directly or indirectly, including through
an affiliate, to the issuer (issuer or
organizer) to retain not less than five
percent of the credit risk of any asset
that the issuer or organizer, through the
issuance of an asset-backed security
(ABS), transfers, sells or conveys to a
third party and (ii) prohibit an issuer or
organizer from directly or indirectly
hedging or otherwise transferring the
credit risk that the issuer or organizer is
required to retain under section 941 and
the agencies’ implementing rules.
Exempted from the credit risk retention
requirements of section 941 are certain
types of securitization transactions,
including ABS collateralized solely by
qualified residential mortgages (QRMs),
as that term is defined in the Rule. In
addition, section 941 provides that the
agencies must permit an issuer or
organizer to retain less than five percent
of the credit risk of residential mortgage
loans, commercial real estate (CRE)
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loans, commercial loans and automobile
loans that are transferred, sold or
conveyed through the issuance of ABS
by the issuer or organizer, if the loans
meet underwriting standards
established by the Federal banking
agencies.
The FDIC implemented section 941 of
Dodd-Frank through 12 CFR part 373
(the Rule). The Rule defines a
securitizer as (1) the depositor of the
asset-backed securities (if the depositor
is not the sponsor); or (2) the sponsor of
the asset-backed securities.4 The Rule
provides a menu of credit risk retention
options from which securitizers can
choose and sets out the standards,
including disclosure, recordkeeping,
and reporting requirements, for each
option; identifies the eligibility criteria,
including certification and disclosure
requirements, that must be met for ABS
offerings to qualify for the QRM and
other exemptions; specifies the
underwriting standards for CRE loans,
commercial loans and automobile loans,
as well as disclosure, certification and
recordkeeping requirements, that must
be met for ABS issuances collateralized
by such loans to qualify for reduced
credit risk retention; and sets forth the
circumstances under which retention
4
12 CFR 373.2.
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Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Notices
obligations may be allocated by
sponsors to originators, including
disclosure and monitoring
requirements.
Part 373 contains several
requirements that qualify as information
collections under the Paperwork
Reduction Act of 1995 (PRA). The
information collection requirements are
found in 12 CFR 373.4, 373.5, 373.6,
373.7, 373.8, 373.9, 373.10, 373.11,
373.13, 373.15, 373.16, 373.17, 373.18,
and 373.19(g). The recordkeeping
requirements relate primarily to (i) the
adoption and maintenance of various
policies and procedures to ensure and
monitor compliance with regulatory
requirements and (ii) certifications,
including as to the effectiveness of
internal supervisory controls. The
required disclosures for each risk
retention option are intended to provide
investors with material information
concerning the sponsor’s retained
interest in a securitization transaction
(e.g., the amount, form and nature of the
retained interest, material assumptions
and methodology, representations and
warranties). Compliance with the
information collection requirements is
mandatory, responses to the information
collections will not be kept confidential
and, with the exception of the
recordkeeping requirements in 12 CFR
373.4(d), 373.5(k)(3), and 373.15(d), the
Rule does not specify a mandatory
retention period for the information.
Request for Comment
ddrumheller on DSK120RN23PROD with NOTICES1
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 at Washington, DC, on December 9,
2024.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2024–29295 Filed 12–11–24; 8:45 am]
BILLING CODE 6714–01–P
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FEDERAL RESERVE SYSTEM
[Docket No. OP–1747]
Guidelines for Evaluating Account and
Services Requests
Board of Governors of the
Federal Reserve System.
ACTION: Final guidance.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) has
clarified that its Guidelines Covering
Access to Accounts and Services at
Federal Reserve Banks (Guidelines)
apply to Excess Balance Accounts at the
Federal Reserve Banks (Reserve Banks).
DATES: Implementation Date is
December 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Jason Hinkle, Deputy Associate Director
(202–258–9873), Division of Reserve
Bank Operations and Payment Systems,
Kristen Payne, Lead Financial
Institution and Policy Analyst (202–
306–9573), Division of Monetary
Affairs, or Corinne Milliken Van Ness,
Senior Counsel (202–641–1605), Legal
Division, Board of Governors of the
Federal Reserve System. For users of
text telephone systems (TTY) or any
TTY-based Telecommunications Relay
Services, please call 711 from any
telephone, anywhere in the United
States.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background on Guidelines
On August 19, 2022, the Board
implemented the Guidelines, which
consist of six risk-based principles for
Reserve Banks to consider when
evaluating requests for access to Reserve
Bank accounts and services (accounts
and services). The risks considered
under the Guidelines include various
risks to the Reserve Bank, risks to the
overall payments systems, risks to the
stability of the U.S. financial system,
risks to the overall economy by
facilitating activities such as money
laundering or other illicit activity, and
risk of any adverse impact on the
Federal Reserve’s ability to implement
monetary policy.
The Guidelines apply to requests for
accounts and services from member
banks or other entities that meet the
definition of depository institution
under section 19(b) of the Federal
Reserve Act (12 U.S.C. 461(b)(1)(A)), as
well as Edge and Agreement
Corporations (12 U.S.C. 601–604a, 611–
631), and U.S. branches and agencies of
foreign banks (12 U.S.C. 347d). The
Guidelines do not apply to accounts that
the Reserve Banks provide (i) as
depository and fiscal agent for the
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100495
Treasury and certain governmentsponsored entities (12 U.S.C. 391, 393–
95, 1823, 1435), (ii) to certain
international organizations (22 U.S.C.
285d, 286d, 290o–3, 290i–5, 290l–3),
(iii) to designated financial market
utilities (12 U.S.C. 5465), (iv) pursuant
to the Board’s Regulation N (12 CFR
214), or (v) pursuant to the Board’s
Guidelines for Evaluating Joint Account
Requests.
II. Excess Balance Accounts
Reserve Banks began to pay interest
on balances maintained at the Reserve
Banks by or on behalf of eligible
institutions in October 2008.1 Until July
2021, balances maintained by
depository institutions at a Reserve
Bank were divided into required
reserves (balances held to satisfy a
reserve requirement) and excess
reserves (balances maintained in excess
of required reserves).2 Eligible
institutions that were respondents could
maintain excess balances as deposits
with their correspondent or,
alternatively, could instruct their
correspondent to sweep their deposits
into overnight investments in the
federal funds market.3 Correspondents
typically preferred the latter because it
helped to limit the size of their balance
sheet and boosted their regulatory
capital ratios. However, when the
market rate of interest on federal funds
was below the rate paid by Reserve
Banks on excess balances, respondents
had an incentive to shift the investment
of their surplus funds away from the
sales of federal funds (through their
correspondents) and toward holding
those funds directly as excess balances
with the Reserve Banks, potentially
disrupting established correspondentrespondent relationships.4
The Board authorized the creation of
excess balance accounts (EBAs) on May
20, 2009, to alleviate these pressures on
correspondent-respondent business
relationships associated with an
environment in which federal funds
1 The authority to pay interest was originally
enacted through the Financial Services Regulatory
Relief Act of 2006, with an effective date of October
1, 2011. The date was moved forward to 2008 by
the Emergency Economic Stabilization Act of 2008.
2 Final Rule, Regulation D, 86 FR 29937 (June 4,
2021); Press Release, ‘‘Federal Reserve Board issues
final rule amending Regulation D with regard to
interest on reserve balances’’ (June 2, 2021), https://
www.federalreserve.gov/newsevents/pressreleases/
bcreg20210602a.htm.
3 In a correspondent-respondent relationship, the
correspondent bank provides banking services on
behalf of the respondent bank. This often includes
the correspondent bank executing payments on
behalf of the respondent bank and its customers. A
respondent bank typically maintains an account
with its correspondent bank.
4 74 FR 5628, 5629 (Jan. 30, 2009).
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| File Type | application/pdf |
| File Modified | 2024-12-12 |
| File Created | 2024-12-12 |