Capital Adequacy Standards

OMB Control No: 1557-0318	ICR Reference No: 202311-1557-001
Status: Received in OIRA	Previous ICR Reference No: 202011-1557-001
Agency/Subagency: TREAS/OCC	Agency Tracking No:
Title: Capital Adequacy Standards
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/14/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/29/2024
Responses	1,312	2,773
Time Burden (Hours)	20,535	66,105
Cost Burden (Dollars)	0	0

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Abstract: This ICR is being filed in connection with a proposed rule that would substantially revise the capital requirements applicable to large banking organizations and to banking organizations with significant trading activity. The revisions set forth in the proposed rule would improve the calculation of risk-based capital requirements to better reflect the risks of these banking organizations’ exposures, reduce the complexity of the framework, enhance the consistency of requirements across these banking organizations, and facilitate more effective supervisory and market assessments of capital adequacy. Specifically, the rule would revise the information collections by revising 12 CFR part 3, subparts E and F in their entirety, along with limited changes to other areas of part 3. The OCC uses the information collected to meet its statutory obligations to adopt and implement a risk-based capital requirement, determine the qualification of a bank for application of the rule, and assess the adequacy of a qualifying bank’s risk-based capital.

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Authorizing Statute(s): US Code: 12 USC 1 et seq. Name of Law: The National Bank Act    US Code: 12 USC 3901-3909 Name of Law: International Lending Supervision Act    US Code: 12 USC 1464 Name of Law: Homeowners' Loan Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1557-AE78	Proposed rulemaking	88 FR 64028	09/18/2023

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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: 31

IC Title Form No. Form Name Advanced Approaches - Disclosures Advanced Approaches - Recordkeeping Expanded Risk Based Approach: Adjusted Derivative Amount -- Prior Approval Regarding Supervisory Delta Adjustment -- Section: _.113(i)(3)(ii)(C): Ongoing Expanded Risk Based Approach: Cleared Transactions -- Documentation of Legal Review Regarding Risk Weight Section: _.114(b)(3)(i)(A): Ongoing Expanded Risk Based Approach: Cleared Transactions -- Prior Approval Regarding Exposure Amount of a QCCP to a Clearing Member -- Section: _.114(d)(6)(vi): Ongoing Expanded Risk Based Approach: Collateralized Transactions -- Maintain Written Documentation for Transactions Subject to the Minimum Haircut Floors Section: __.121(d)(2)(ii)(C): Ongoing Expanded Risk Based Approach: Disclosure -- Section: _.20(c)(1)(xiv), (d)(1)(xi): Ongoing Expanded Risk Based Approach: Disclosure Requirements -- Disclosure Policy Section: _.161(b): Ongoing Expanded Risk Based Approach: Disclosures -- Section _.162 (Tables 1-14): One-time Expanded Risk Based Approach: Disclosures -- Section _.162 (Tables 1-14): Ongoing Expanded Risk Based Approach: Operational Criteria for Recognizing the Transfer of Risk -- Documentation of Analysis of Risk of Securitization Exposure Section: _.130(c)(2)(i)-(ii): One-time Expanded Risk Based Approach: Operational Criteria for Recognizing the Transfer of Risk -- Legal Opinion Section: _.130(b)(3): Ongoing Expanded Risk Based Approach: Operational Criteria for Recognizing the Transfer of Risk -- Updating Analysis for Each Securitization Exposure Section: _.130(c)(2)(ii): Ongoing Expanded Risk Based Approach: Operational Risk Capital -- Operational Risk Management and Operational Loss Event Data Collection Processes Documentation Section: _.150(f)(1)-(2): One-time Expanded Risk Based Approach: Operational Risk Capital -- Operational Risk Management and Operational Loss Event Data Collection Processes Documentation Section: _.150(f)(1)-(2): Ongoing Expanded Risk Based Approach: Operational Risk Capital -- Prior Approval of Business Indicator Exclusions Section: _.150(d)(5): Ongoing Expanded Risk Based Approach: Operational Risk Capital -- Prior Approval of Operational Loss Events Exclusion Section: _.150(e)(3)(i)-(ii): Ongoing Guarantees and Credit Derivatives Substitution Approach -- Documentation of Legal Review of Adjustment for Credit Derivatives Without Restructuring as a Credit Event Section _.120(e)(1): One-time Guarantees and Credit Derivatives Substitution Approach -- Documentation of Legal Review of Adjustment for Credit Derivatives Without Restructuring as a Credit Event Section: _.120(e)(1): Ongoing Minimum Regulatory Capital Ratios - Recordkeeping Minimum Regulatory Capital Ratios: Counterparty Credit Risk Operational Requirements -- Legal Opinion -- Section: _.3(d): Ongoing Minimum Regulatory Capital Ratios: Regulatory Capital Adjustments and Deductions -- Prior Approval Section: _.22(h)(2)(iii)(A): Ongoing Minimum Regulatory Capital Ratios: Regulatory Capital Adjustments and Deductions -- Prior Approval Sections: _.22(b)(2)(iv), (c)(4), (c)(5)(i), (c)(6), (d)(2)(i)(C), (d)(2)(iii): Ongoing Operational Requirements for Securitization Exp. -- Legal Opinion Re Oper. Criteria for Synthetic Securitizations Section: _.41(b)(3) Doc. Analysis of Oper. Criteria Section _.41(c)(2)(i): One-time Operational Requirements for Securitization Exposures -- Document Analysis of Operational Criteria for Synthetic Securitizations Section _.41(c)(2)(ii): Ongoing Opt-in Requirement and Prior Approval for Distributions Risk-Weighted Assets for Sec. Exposures -- Implicit Support Section: _.42(e)(2), Credit Risk Sections: _.62(a)-(c), Quantitative & Qualitative Disclosures Sections: _.63(a)-(b) & _.63 Tables: One-time Standardized Approach - Disclosures Standardized Approach - Recordkeeping Standardized Approach: Cleared Transactions -- Cleared Transaction with a QCCP Risk Weights Section: _.35(b)(3)(i)(A): One-time Standardized Approach: Cleared Transactions -- Cleared Transaction with a QCCP Risk Weights Section: _.35(b)(3)(i)(A): Ongoing Standardized Approach: Collateralized Transactions -- Internal Estimates for Haircuts -- Section _.37(c)(4)(i)(E): Ongoing Standardized Approach: Collateralized Transactions -- Internal Estimates for Haircuts Section: _.37(c)(4)(i)(E): One-time Standardized Approach: Collateralized Transactions -- Internal Estimates for Haircuts Section: _.37(c)(4)(i)(E): Ongoing Standardized Approach: Credit Risk -- Disclosures Sections: _.62(a)-(c), Credit Risk -- Quantitative and Qualitative Disclosures Sections: _.63(a)-(b), and _.63 Tables: Ongoing Standardized Approach: Derivative Contracts -- Exposure Amount Methodology Section: _.34(a)(1)(ii): Ongoing Standardized Approach: Risk-Weighted Assets for Securitization Exposures -- Implicit Support Disclosure Section: _.42(e)(2): Ongoing

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ICR Summary of Burden

	Total Request	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	1,312	2,773	0	0	-1,461	0
Annual Time Burden (Hours)	20,535	66,105	0	0	-45,570	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: The NPR modifies the reporting, recordkeeping, and disclosure requirements of the regulatory capital rules by adding new requirements and revising existing reporting, recordkeeping, and disclosure requirements. In particular, a number of model approval requirements and disclosure tables in the current rule would be discontinued. As a result, there is a decrease in burden hours of 45,570 hours.

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Annual Cost to Federal Government:

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]? No

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

Is this ICR related to the Pandemic Response? No

Agency Contact: Carl Kaminski 202 649-5869 [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: 11/14/2023

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