Regulatory Capital Rules

OMB Control No: 3064-0153	ICR Reference No: 202006-3064-001
Status: Active	Previous ICR Reference No: 201911-3064-007
Agency/Subagency: FDIC	Agency Tracking No: 3064-0153
Title: Regulatory Capital Rules
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/01/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/02/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/01/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	6 Months From Approved	12/31/2022
Responses	14,024	0	14,010
Time Burden (Hours)	128,140	0	128,056
Cost Burden (Dollars)	0	0	0

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Abstract: This supporting statement relates to an interim final rule which revises the FDIC’s 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. During the calendar quarter beginning on July 1, 2020, and until March 31, 2021, no state nonmember bank or state savings association that has opted in to this relief may make a distribution, or create an obligation to make such a distribution, without prior FDIC approval.

Emergency Justfication: In light of recent disruptions in economic conditions caused by the coronavirus disease 2019 and strains in U.S. financial markets, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (FRB), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) issued an interim final rule that temporarily revises the supplementary leverage ratio calculation for depository institutions. Under the interim final rule, any depository institution subsidiary of a U.S. global systemically important bank holding company or any depository institution subject to Category II or Category III capital standards may elect to exclude temporarily U.S. Treasury securities and deposits at Federal Reserve Banks from the supplementary leverage ratio denominator. Additionally, under this interim final rule, any depository institution making this election must request approval from its primary Federal banking regulator prior to making certain capital distributions so long as the exclusion is in effect. The interim final rule is effective as June 1, 2020 and will remain in effect through March 31, 2021. The agencies adopted this interim final rule to allow depository institutions that elect to opt into this treatment additional flexibility to act as financial intermediaries during this period of financial disruption.

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Authorizing Statute(s): US Code: 12 USC 1831o Name of Law: Federal Deposit Insurance Act

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 1435-38 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 38

IC Title Form No. Form Name (CCR) -- Section _.132(d)(3)(xi): One-time (CCR) -- Section _.132(d)(3)(ix): One-time Control, oversight and verification of systems -- Sections _.122 to _.124: Ongoing Implementation plan -- Section _.121(b): Ongoing Supervisory approvals -- Sections_.122(d)-(h), _.132(b)(3), _.132(d)(1), _.132(d)(1)(iii): Ongoing Documentation of advanced systems -- Section _.122(j): Ongoing (Capital Adequacy) -- Section_.173, Table 3: Ongoing (CCR) -- Section _.132(d)(3)(viii): Ongoing (CCR) -- Section _.132(d)(3)(ix): Ongoing (CCR) -- Section _.132(d)(3)(x): One-time (Capital Structure) -- Section_.173, Table 2: One-time (S.E.) -- Section _.42(e)(2), (C.R.) Sections_.62(a),(b),& (c), (Q&Q) Sections_.63(a) & (b): One-time (S.E.) -- Section _.42(e)(2), (C.R.) Sections_.62(a),(b),& (c), (Q&Q) Sections_.63(a) & (b) and _.63 Tables: Ongoing (Capital Structure) -- Section_.173, Table 2: Ongoing Systems maintenance -- Sections _.122(a), _123(a), _.124(a): Ongoing (CCR) -- Section _.132(b)(2)(iii)(A): One-time (CCR) -- Section _.132(b)(2)(iii)(A): Ongoing (CR) -- Section _.173, Table 5: One-time (CCR) -- Section _.132(d)(2)(iv): One-time (CCR) -- Section _.132(d)(3)(vi): One-time (CCR) -- Section _.132(d)(3)(viii): One-time (CCR) -- Section _.132(d)(3)(xi): Ongoing (CCR) -- Section _.132(d)(2)(iv): Ongoing (OC) -- Sections _.141(b)(3), _.141(c)(1), _.141(c)(2)(i)-(ii), _.153: One-time (OC) -- Section _.141(c)(2)(i)-(ii): Ongoing Sections _.142 and _.172: Ongoing (CCB and CCYB) -- Section _.173, Table 4, (Securitization) -- Section_.173, Table 9, (IRR) -- Section _.173, Table 12: Ongoing (CCB and CCYB) -- Section _.173, Table 4, (Securitization) -- Section _.173, Table 9, (IRR) -- Section _.173, Table 12: One-time (CCR Operational Requirements) -- Sections _.3(d) and_.22(h)(2)(iii)(A): Ongoing (QCCP) -- Section _.35(b)(3)(i)(A): One-time (QCCP) -- Section _.35(b)(3)(i)(A): Ongoing (CT) -- Section _.37(c)(4)(i)(E): One-time (CT) -- Section _.37(c)(4)(i)(E): Ongoing (SE) -- Sections _.41(b)(3) and _.41(c)(2)(i): One-time (SE) -- Section _.41(c)(2)(ii): Ongoing (CR) -- Section_.173, Table 5: Ongoing (Capital Adequacy) -- Section _.173, Table 3: One-time Opt-In Relief and Related FDIC Approval - Section_.304: Ongoing

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	14,024	14,010	14	0	0	0
Annual Time Burden (Hours)	128,140	128,056	84	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

Agency Contact: Jennifer Jones 202 551-5776 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 06/01/2020

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