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51814 Federal Register / Vol. 72, No.

175 / Tuesday, September 11, 2007 / Notices

FEDERAL COMMUNICATIONS To request materials in accessible should modify the proposed revisions
COMMISSION formats for people with disabilities prior to giving final approval. The
(Braille, large print, electronic files, agencies will then submit the revisions
[DA 07–3842] audio format), send an e-mail to to OMB for review and approval.
fcc504@fcc.gov or call the Consumer & DATES: Comments must be submitted on
Consumer Advisory Committee Governmental Affairs Bureau at 202– or before November 13, 2007.
418–0530 (voice), 202–418–0432 (TTY). ADDRESSES: Interested parties are
AGENCY: Federal Communications
Commission. Federal Communications Commission. invited to submit written comments to
ACTION: Notice. Thomas Wyatt, any or all of the agencies. All comments,
Deputy Bureau Chief, Consumer & which should refer to the OMB control
SUMMARY: The Commission announces Governmental Affairs Bureau. number(s), will be shared among the
the next meeting date and agenda of its [FR Doc. E7–17870 Filed 9–10–07; 8:45 am] agencies.
Consumer Advisory Committee BILLING CODE 6712–01–P OCC: Communications Division,
(‘‘Committee’’). The purpose of the Office of the Comptroller of the
Committee is to make recommendations Currency, Public Information Room,
to the Commission regarding consumer DEPARTMENT OF THE TREASURY Mailstop 1–5, Attention: 1557–0081,
issues within the jurisdiction of the 250 E Street, SW., Washington, DC
Commission and to facilitate the Office of the Comptroller of the 20219. In addition, comments may be
participation of all consumers in Currency sent by fax to (202) 874–4448, or by
proceedings before the Commission. electronic mail to
DATES: The meeting of the Committee
FEDERAL RESERVE SYSTEM regs.comments@occ.treas.gov. You may
will take place on Thursday, September personally inspect and photocopy the
FEDERAL DEPOSIT INSURANCE comments at the OCC’s Public
27, 2007, 3 p.m. to 5 p.m., at the
CORPORATION Information Room, 250 E Street, SW.,
Commission’s Headquarters Building,
Room 3–B516. Washington, DC 20219. For security
DEPARTMENT OF THE TREASURY reasons, the OCC requires that visitors
ADDRESSES: Federal Communications
make an appointment to inspect
Commission, 445 12th Street, NW., Office of Thrift Supervision comments. You may do so by calling
Washington, DC 20554.
(202) 874–5043. Upon arrival, visitors
FOR FURTHER INFORMATION CONTACT: Proposed Agency Information will be required to present valid
Scott Marshall, Consumer & Collection Activities; Comment government-issued photo identification
Governmental Affairs Bureau, (202) Request and submit to security screening in
418–2809 (voice), (202) 418–0179 AGENCIES: Office of the Comptroller of order to inspect and photocopy
(TTY), or e-mail scott.marshal@fcc.gov. the Currency (OCC), Treasury; Board of comments.
SUPPLEMENTARY INFORMATION: On Governors of the Federal Reserve Board: You may submit comments,
September 5, 2007, the Commission System (Board); Federal Deposit which should refer to ‘‘Consolidated
released document DA 07–3842, which Insurance Corporation (FDIC); and Reports of Condition and Income, 7100–
announced the agenda, date and time of Office of Thrift Supervision (OTS), 0036, March 2008’’ by any of the
the Committee’s next meeting. At its Treasury. following methods:
September 27, 2007 meeting, the ACTION: Joint notice and request for • Agency Web Site: http://
Committee will receive and consider comment. www.federalreserve.gov. Follow the
draft comments prepared by members of instructions for submitting comments
its DTV Working Group in connection SUMMARY: In accordance with the on the http://www.federalreserve.gov/
with the DTV Consumer Education requirements of the Paperwork generalinfo/foia/ProposedRegs.cfm.
Initiative, MB Docket No. 07–148. The Reduction Act of 1995 (44 U.S.C. • Federal eRulemaking Portal: http://
Committee will have an opportunity to chapter 35), the OCC, the Board, the www.regulations.gov. Follow the
debate, amend, reject, or adopt these FDIC, and the OTS (the ‘‘agencies’’) may instructions for submitting comments.
comments prior to their transmittal to not conduct or sponsor, and the • E-mail: regs.comments@
the Commission. A limited amount of respondent is not required to respond federalreserve.gov. Include docket
time on the agenda will be available for to, an information collection unless it number in the subject line of the
oral comments from the public. displays a currently valid Office of message.
The Committee is organized under Management and Budget (OMB) control • FAX: 202–452–3819 or 202–452–
and operates in accordance with the number. The Federal Financial 3102.
provisions of the Federal Advisory Institutions Examination Council • Mail: Jennifer J. Johnson, Secretary,
Committee Act, 5 U.S.C. App. 2 (1988). (FFIEC), of which the agencies are Board of Governors of the Federal
The meeting is open to the public. members, has approved the agencies’ Reserve System, 20th Street and
Members of the public may address the publication for public comment of a Constitution Avenue, NW., Washington,
Committee or may send written proposal to extend, with revision, the DC 20551.
comments to: Scott Marshall, Consolidated Reports of Condition and All public comments are available from
Designated Federal Officer of the Income (Call Report) for banks and the the Board’s Web site at http://
Committee, at the address indicated on Thrift Financial Report (TFR) for www.federalreserve.gov/generalinfo/
the first page of this document. The savings associations, which are foia/ProposedRegs.cfm as submitted,
meeting site is accessible to people with currently approved collections of unless modified for technical reasons.
sroberts on PROD1PC70 with NOTICES

disabilities. Meetings are sign language information. At the end of the comment Accordingly, your comments will not be
interpreted with real-time transcription period, the comments and edited to remove any identifying or
and assistive listening devices available. recommendations received will be contact information. Public comments
Meeting agendas are provided in analyzed to determine the extent to may also be viewed electronically or in
accessible formats. which the FFIEC and the agencies paper in Room MP–500 of the Board’s

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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51815

Martin Building (20th and C Streets, Docket: For access to the docket to and the TFR, which are currently
NW.) between 9 a.m. and 5 p.m. on read background documents or approved collections of information.1
weekdays. comments received, go to http:// 1. Report Title: Consolidated Reports
FDIC: You may submit comments, www.ots.treas.gov/ of Condition and Income (Call Report).
which should refer to ‘‘Consolidated pagehtml.cfm?catNumber=67&an=1. In Form Number: Call Report: FFIEC 031
Reports of Condition and Income, 3064– addition, you may inspect comments at (for banks with domestic and foreign
0052,’’ by any of the following methods: the Public Reading Room, 1700 G Street, offices) and FFIEC 041 (for banks with
• http://www.FDIC.gov/regulations/ NW., by appointment. To make an domestic offices only).
laws/federal/notices.html. appointment for access, call (202) 906– Frequency of Response: Quarterly.
• E-mail: comments@FDIC.gov. 5922, send an e-mail to Affected Public: Business or other for-
Include ‘‘Consolidated Reports of public.info@ots.treas.gov, or send a profit.
Condition and Income, 3064–0052’’ in facsimile transmission to (202) 906– OCC:
the subject line of the message. 7755. (Prior notice identifying the OMB Number: 1557–0081.
• Mail: Steven F. Hanft (202–898– materials you will be requesting will Estimated Number of Respondents:
3907), Clearance Officer, Attn: assist us in serving you.) We schedule 1,750 national banks.
Comments, Room MB–2088, Federal appointments on business days between Estimated Time per Response: 45.42
Deposit Insurance Corporation, 550 17th 10 a.m. and 4 p.m. In most cases, burden hours.
Street, NW., Washington, DC 20429. appointments will be available the next Estimated Total Annual Burden:
• Hand Delivery: Comments may be business day following the date we 317,967 burden hours.
hand-delivered to the guard station at receive a request. Board:
the rear of the 550 17th Street Building Additionally, commenters may send a OMB Number: 7100–0036.
(located on F Street) on business days copy of their comments to the OMB Estimated Number of Respondents:
between 7 a.m. and 5 p.m. desk officer for the agencies by mail to 885 state member banks.
Public Inspection: All comments the Office of Information and Regulatory Estimated Time per Response: 52.07
received will be posted without change Affairs, U.S. Office of Management and burden hours.
to http://www.fdic.gov/regulations/laws/ Budget, New Executive Office Building, Estimated Total Annual Burden:
federal/notices.html including any Room 10235, 725 17th Street, NW., 184,328 burden hours.
personal information provided. Washington, DC 20503, or by fax to FDIC:
Comments may be inspected at the FDIC (202) 395–6974. OMB Number: 3064–0052.
Public Information Center, Room E– Estimated Number of Respondents:
FOR FURTHER INFORMATION CONTACT: For
1002, 3501 Fairfax Drive, Arlington, VA 5,218 insured state nonmember banks.
further information about the revisions
22226, between 9 a.m. and 5 p.m. on Estimated Time per Response: 36.16
discussed in this notice, please contact
business days. burden hours.
OTS: You may submit comments, any of the agency clearance officers
whose names appear below. In addition, Estimated Total Annual Burden:
identified by ‘‘1550–0023 (TFR: 754,732 burden hours.
Schedule DI Revisions),’’ by any of the copies of the Call Report forms can be
obtained at the FFIEC’s Web site (http: The estimated time per response for
following methods: the Call Report is an average that varies
• Federal eRulemaking Portal: http:// //www.ffiec.gov/ffiec_report_forms.htm).
Copies of the TFR can be obtained from by agency because of differences in the
www.regulations.gov. Follow the composition of the institutions under
instructions for submitting comments. the OTS’s Web site (http://
www.ots.treas.gov/ each agency’s supervision (e.g., size
• E-mail address: distribution of institutions, types of
infocollection.comments@ots.treas.gov. main.cfm?catNumber=2&catParent=0).
OCC: Mary Gottlieb, OCC Clearance activities in which they are engaged,
Please include ‘‘1550–0023 (TFR: March and existence of foreign offices). The
2008 Revisions)’’ in the subject line of Officer, Office of the Comptroller of the
Currency, 250 E Street, SW., average reporting burden for the Call
the message and include your name and Report is estimated to range from 16 to
telephone number in the message. Washington, DC 20219.
Board: Michelle E. Shore, Federal 635 hours per quarter, depending on an
• Fax: (202) 906–6518. individual institution’s circumstances.
• Mail: Information Collection Reserve Board Clearance Officer, (202)
452–3829, Division of Research and 2. Report Title: Thrift Financial
Comments, Chief Counsel’s Office, Report (TFR).
Office of Thrift Supervision, 1700 G Statistics, Board of Governors of the
Federal Reserve System, 20th and C Form Number: OTS 1313 (for savings
Street, NW., Washington, DC 20552, associations).
Attention: ‘‘1550–0023 (TFR: March Streets, NW., Washington, DC 20551.
Telecommunications Device for the Deaf Frequency of Response: Quarterly;
2008 Revisions).’’ Annually.
• Hand Delivery/Courier: Guard’s (TDD) users may call (202) 263–4869.
Affected Public: Business or other for-
Desk, East Lobby Entrance, 1700 G FDIC: Steven F. Hanft, Paperwork
Clearance Officer, (202) 898–3907, Legal profit.
Street, NW., from 9 a.m. to 4 p.m. on OTS:
business days, Attention: Information Division, Federal Deposit Insurance
Corporation, 550 17th Street, NW., OMB Number: 1550–0023.
Collection Comments, Chief Counsel’s
Office, Attention: ‘‘1550–0023 (TFR: Washington, DC 20429. 1 The proposed changes to the Call Report and the
March 2008 Revisions).’’ OTS: Ira L. Mills, OTS Clearance TFR that are the subject of this notice would take
Instructions: All submissions received Officer, at Ira.Mills@ots.treas.gov, (202) effect March 31, 2008. The banking agencies (the
must include the agency name and OMB 906–6531, or facsimile number (202) OCC, the Board, and the FDIC) are also considering
906–6518, Litigation Division, Chief a separate proposal to incorporate the FDIC’s
Control Number for this information Summary of Deposits report (OMB No. 3064–0061)
collection. All comments received will Counsel’s Office, Office of Thrift
sroberts on PROD1PC70 with NOTICES

into the Call Report effective June 30, 2008. If the


be posted without change to the OTS Supervision, 1700 G Street, NW., FFIEC and the banking agencies approve the
Internet Site at http://www.ots.treas.gov/ Washington, DC 20552. proposed inclusion of the Summary of Deposits in
the Call Report, the banking agencies will publish
pagehtml.cfm?catNumber=67&an=1, SUPPLEMENTARY INFORMATION: The
a request for comment on this proposal in
including any personal information agencies are proposing to revise and accordance with the requirements of the Paperwork
provided. extend for three years the Call Report Reduction Act of 1995.

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51816 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices

Estimated Number of Respondents: of the proposed changes to the Call Type of Review: Revision and
838 savings associations. Report. The Call Report changes include extension of currently approved
Estimated Time per Response: 36.50 several related to 1–4 family residential collections.
burden hours. mortgage loans such as reporting
II. Discussion of Proposed Revisions
Estimated Total Annual Burden: interest and fee income on and the
193,881 burden hours. quarterly average for such mortgages A. Reporting of Data for Deposit
separately from income on and the Insurance Assessments in the Call
General Description of Reports quarterly average for all other real estate Report and TFR by Newly Insured
These information collections are loans and the addition of new items for Institutions
mandatory: 12 U.S.C. 161 (for national restructured troubled mortgages and Section 327.5(a)(1) of the FDIC’s
banks), 12 U.S.C. 324 (for state member mortgage loans in process of foreclosure. assessment regulations (12 CFR
banks), 12 U.S.C. 1817 (for insured state Call Report Schedule RC–P on closed- 327.5(a)(1)) states that ‘‘[a]n institution
nonmember commercial and savings end 1–4 family residential mortgage that becomes newly insured after the
banks), and 12 U.S.C. 1464 (for savings banking activities, which is completed first report of condition allowing for
associations). Except for selected data by larger banks and smaller banks with average daily balances shall have its
items, these information collections are a significant level of such activities, assessment base determined using
not given confidential treatment. would be expanded to include average daily balances.’’ For purposes of
originations, purchases, and sales of these regulations, the term ‘‘report of
Abstract open-end mortgages as well as closed-
condition’’ includes the Call Report and
Institutions submit Call Report and end and open-end mortgage loan
the TFR. Both of these reports first
TFR data to the agencies each quarter repurchases and indemnifications
allowed an institution to report average
for the agencies’ use in monitoring the during the quarter. The Call Report’s
daily balances for the deposit data used
condition, performance, and risk profile trading account definition would be
to determine its assessment base as of
of individual institutions and the modified in response to the creation of
the March 31, 2007, report date. This
industry as a whole. Call Report and a fair value option in generally accepted
change was introduced as of that date in
TFR data provide the most current accounting principles (GAAP). Call
conjunction with a revision and
statistical data available for evaluating Report Schedule RC–Q, which collects
reduction in the overall reporting
institutions’ corporate applications, for data on fair value measurements for
trading assets and liabilities and other requirements related to deposit
identifying areas of focus for both on-
assets and liabilities accounted for insurance assessments in Call Report
site and off-site examinations, and for
under a fair value option, and certain Schedule RC–O and TFR Schedule DI
monetary and other public policy
other schedules, including the loan that was intended to simplify regulatory
purposes. The agencies use Call Report
schedule (Schedule RC–C), would also reporting. As part of these revised
and TFR data in evaluating interstate
be revised to enhance the information overall reporting requirements, the
merger and acquisition applications to
available on instruments accounted for agencies provided an interim period
determine, as required by law, whether
under this option. Revisions would also covering the March 31, 2007, through
the resulting institution would control
be made to the schedule on trading December 31, 2007, report dates during
more than ten percent of the total
assets and liabilities (Schedule RC–D). which each institution has the option to
amount of deposits of insured
The Call Report instructions would be submit its Call Reports or TFRs using
depository institutions in the United
clarified for reporting credit derivative either the current or revised formats for
States. Call Report and TFR data are also
data in the risk-based capital schedule reporting the data used to measure their
used to calculate all institutions’ deposit
(Schedule RC–R) and a corresponding assessment base. The revised reporting
insurance and Financing Corporation
change would be made to the schedule format will take effect for all institutions
assessments, national banks’
itself. The threshold for reporting on March 31, 2008, at which time the
semiannual assessment fees, and the
significant items of other noninterest current reporting format will be
OTS’s assessments on savings
income and expense in the explanations eliminated.
associations. The instructions issued in March
schedule (Schedule RI–E) would also be
Current Actions changed. The instructions for reporting 2007 for the revised reporting format
fully insured brokered deposits in state that an institution that becomes
I. Overview newly insured on or after April 1, 2008,
Schedule RC–E, Deposit Liabilities,
The four agencies are proposing to would be revised to conform to the would be required to report daily
revise the Call Report and TFR instructions for reporting time deposits average balances beginning in the first
instructions for reporting daily average in this schedule. quarterly Call Report or TFR that it files.
deposit data by newly insured The preceding proposed revisions to However, these instructions do not
institutions for deposit insurance the Call Report and the TFR, which conform to the previously cited
assessment purposes to conform the have been approved for publication by language in the FDIC’s assessments
instructions with the FDIC’s assessment the FFIEC and are discussed in more regulations with respect to their
regulations (12 CFR Part 327). These detail below, would take effect as of treatment of institutions that become
revisions are discussed in Section II.A March 31, 2008. The specific wording of insured between April 1, 2007, and
of this notice. the captions for the new or revised Call March 31, 2008. Therefore, the agencies
In addition, the OCC, the Board, and Report data items discussed in this are revising the instructions to Call
the FDIC (the banking agencies) propose proposal and the numbering of these Report Schedule RC–O and TFR
to implement a number of other changes data items should be regarded as Schedule DI to require an institution
to the Call Report requirements, which preliminary. that becomes insured after March 31,
sroberts on PROD1PC70 with NOTICES

are discussed in detail in Sections II.B Finally, the banking agencies request 2007, but on or before March 31, 2008,
through II.F of this notice. The OTS may comment on a plan to discontinue the to begin reporting daily average
issue a separate notice and request for mailing of paper Call Report forms and balances in its Call Report or TFR for
comment if it determines that the TFR instructions to banks, which is the March 31, 2008, report date. The
should be revised to include some or all discussed in Section III of this notice. requirement for an institution that

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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51817

becomes insured on or after April 1, the FFIEC 041). The banking agencies secured by 1–4 family residential
2008, to report daily average deposit are proposing to split these existing properties that are past due 30 days or
data beginning in its first quarterly Call income statement and quarterly average more or are in nonaccrual status
Report or TFR would remain in effect. items into separate items for the interest (Schedule RC–N, item 1.c) and on the
and fee income on and the quarterly amount of foreclosed 1–4 family
B. Call Report Revisions Related to 1–
averages of ‘‘Loans secured by 1–4 residential properties held by the bank
4 Family Residential Mortgage Loans
family residential properties’’ and ‘‘All (Schedule RC–M, item 3.b.(3)).
Since year-end 2000, commercial other loans secured by real estate.’’ However, regardless of whether the
bank holdings of 1–4 family residential bank owns the loans or services the
mortgage loans in domestic offices have 2. Restructured Mortgages
loans for others, banks do not report the
increased nearly 108 percent to more Banks currently report information on volume of 1–4 family residential
than $1.9 trillion. Nearly 98 percent of the amount of loans whose terms have mortgage loans that are in process of
all banks hold such mortgages. 1–4 been modified, because of a foreclosure, an indicator of potential
family residential mortgages now deterioration in the financial condition additions to the bank’s ‘‘other real estate
represent the single largest category of of the borrower, to provide for a owned’’ in the near term. The banking
loans held by commercial banks, reduction of either interest or principal. agencies propose to add two new
surpassing commercial and industrial When such restructured loans are past Memorandum items for the amount of
loans as the largest category in 2002. As due 30 days or more or are in 1–4 family residential mortgage loans
a percentage of total loans and leases at nonaccrual status in relation to their owned by the bank and serviced by the
commercial banks, 1–4 family modified terms as of the report date, bank that are in foreclosure as of the
residential mortgages have grown from they are reported in Schedule RC–N, quarter-end report date. Mortgage loans
24 percent at year-end 2000 to 32 Memorandum item 1. In contrast, when in foreclosure would be those for which
percent at year-end 2006. Similarly, 1– such restructured loans are less than 30 the legal process of foreclosure has been
4 family residential mortgages have days past due and are not otherwise in initiated, but for which the foreclosure
increased from less than 15 percent of nonaccrual status, that is, when they are process has not yet been resolved at
total assets to nearly 19 percent of total deemed to be in compliance with their quarter-end.4 These Memorandum items
assets during this period. During the modified terms as discussed in the Call would be added to the Call Report loan
first quarter of 2007, bank originations Report instructions, banks report the schedule (Schedule RC–C, part I) and
and purchases of closed-end 1–4 family amount of these loans in the Call Report the servicing, securitization, and asset
residential mortgages for resale loan schedule (Schedule RC–C, part I, sale activities schedule (Schedule RC–
exceeded $287 billion. There has been Memorandum item 1). However, the S), with the carrying amount (before any
a growing use of nontraditional instructions advise banks to exclude applicable allowance for loan and leases
residential mortgage products and an restructured loans secured by 1–4 losses) reported in the former
increasing number of banks offering family residential properties from these Memorandum item and the principal
such products. In addition, the volume Memorandum items. amount reported in the latter
of 1–4 family residential mortgage loans This exclusion was incorporated into Memorandum item. Reporting mortgage
extended to subprime borrowers has the Call Report instructions because the loans as being in process of foreclosure
increased. At the same time, home original disclosure requirements for will not exempt those loans owned by
prices have stagnated or even declined troubled debt restructurings under the bank from being reported as past
in many areas of the country. The higher GAAP provided that creditors need not due or nonaccrual, as appropriate, in
concentration of 1–4 family residential disclose information on restructured Call Report Schedule RC–N, and will
mortgages across the industry and the real estate loans secured by 1–4 family not exempt those loans serviced by the
changing risk profile of the loans with residential properties.2 However, this bank that are reported in Schedule RC–
which banks are associated in some exemption from disclosure under GAAP S, item 1, from being reported as past
capacity has led the banking agencies to has since been eliminated.3 due, as appropriate, in that schedule.
evaluate the information they collect Accordingly, the banking agencies are
about such loans in the Call Report. As 4. Open-end 1–4 Family Residential
proposing to add a new Memorandum
a result, the banking agencies are Mortgage Banking Activities
item to Schedule RC–C, part I, for
proposing several Call Report changes ‘‘Loans secured by 1–4 family Banks with $1 billion or more in total
that are intended to enhance their residential properties (in domestic assets and smaller banks that meet
ability to monitor the nature and extent offices)’’ that have been restructured certain criteria currently provide data
of banks’ involvement with 1–4 family and are in compliance with their on originations, purchases, and sales of
residential mortgage loans as modified terms and a new closed-end 1–4 family residential
originators, holders, sellers, and Memorandum item to Schedule RC–N, mortgage loans during the quarter
servicers of such loans. for restructured ‘‘Loans secured by 1–4 arising from their mortgage banking
family residential properties (in activities in domestic offices in Call
1. Interest and Fee Income and Report Schedule RC–P. These banks
Quarterly Average domestic offices)’’ that are past due 30
days or more or in nonaccrual status. also report the amount of closed-end 1–
At present, banks report the total 4 family residential mortgage loans held
amount of interest and fee income on 3. Mortgages in Foreclosure
their ‘‘Loans secured by real estate’’ (in The banking agencies currently 4 For banks that participate in the Mortgage

domestic offices) in the Call Report Bankers Association’s (MBA) National Delinquency
collect data on the amount of loans Survey, the time at which mortgage loans would
income statement (Schedule RI, item become reportable as being in process of foreclosure
1.a.(1)(a) on the FFIEC 031 and item
sroberts on PROD1PC70 with NOTICES

2 See Financial Accounting Standards Board


for Call Report purposes would be the same time
1.a.(1) on the FFIEC 041) and the Statement No. 15, Accounting by Debtors and at which mortgage loans become reportable as being
quarterly average for these loans (in Creditors for Troubled Debt Restructurings, footnote in ‘‘foreclosure inventory’’ for MBA survey
25. purposes (although the dollar amount of such loans
domestic offices) in the quarterly 3 See Financial Accounting Standards Board would be reported in the Call Report while the
averages schedule (Schedule RC–K, item Statement No. 114, Accounting by Creditors for number of such loans are reported for MBA survey
6.a.(2) on the FFIEC 031 and item 6.b on Impairment of a Loan, paragraph 22(f). purposes).

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51818 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices

for sale at quarter-end as well as the credit and the principal amount funded For example, a bank would generally
noninterest income for the quarter from under the line for mortgages not classify a loan to which it has
the sale, securitization, and servicing of repurchased or indemnified. applied the fair value option as a trading
these mortgage loans. Data (other than asset unless the bank holds the loan,
C. Call Report Data on Trading Assets
for noninterest income) is provided which it manages as a trading position,
and Liabilities and Other Assets and
separately for first lien and junior lien for one of the following purposes: (1)
mortgages in Schedule RC–P. About 650 Liabilities Accounted for Under a Fair For market making activities, including
banks complete Schedule RC–P, less Value Option such activities as accumulating loans for
than 300 of which have total assets of 1. Reporting of Assets and Liabilities sale or securitization; (2) to benefit from
less than $1 billion. However, this Under the Fair Value Option as Trading actual or expected price movements; or
information does not provide a On February 15, 2007, the Financial (3) to lock in arbitrage profits.
complete picture of banks’ mortgage Accounting Standards Board (FASB) 2. Revision of Certain Fair Value
banking activities since it excludes issued Statement No. 159, The Fair Measurement and Fair Value Option
open-end 1–4 family residential Value Option for Financial Assets and Information in the Call Report
mortgages extended under lines of Financial Liabilities (FAS 159), which is
credit. From year-end 2001 to year-end Effective for the March 31, 2007,
effective for fiscal years beginning after report date, the banking agencies started
2006, bank holdings of 1–4 family November 15, 2007. Earlier adoption of
residential mortgage loans extended collecting information on certain assets
FAS 159 was permitted as of the and liabilities measured at fair value on
under lines of credit more than tripled beginning of an earlier fiscal year,
to nearly $470 billion. Accordingly, the Call Report Schedule RC–Q, Financial
provided the bank (i) Also adopts all of Assets and Liabilities Measured at Fair
banking agencies are proposing to the requirements of FASB Statement No.
expand the scope of Schedule RC–P to Value. Schedule RC–Q was intended to
157, Fair Value Measurements (FAS be consistent with the disclosure and
include separate items for originations,
157) at the early adoption date of FAS other requirements contained in FAS
purchases, and sales of open-end 1–4
159; (ii) has not yet issued a financial 157 and FAS 159. Based on the banking
family residential mortgages during the
statement or submitted Call Report data agencies’ review of initial industry
quarter; the amount of such mortgages
for any period of that fiscal year; and practice and inquiries from banks, the
held for sale at quarter-end; and
(iii) satisfies certain other conditions. agencies have determined that industry
noninterest income for the quarter from
Thus, a bank with a calendar year fiscal practice for preparing and reporting
the sale, securitization, and servicing of
year may have voluntarily adopted FAS FAS 157 disclosures has evolved
open-end residential mortgages. When
159 as of January 1, 2007. Changes in differently than the process for the
reporting the originations, purchases,
sales, and mortgages held for sale, banks the fair value of financial assets and information collected on Schedule RC–
would report both the total commitment liabilities to which the fair value option Q. This divergence has resulted in
under the line of credit and the is applied are reported in current unnecessary burden and less
principal amount funded under the line. earnings as is currently the case for transparency for the affected banks in
For banks with less than $1 billion in trading assets and liabilities. Since the two material respects.
total assets, the criteria used to fair value option standard allows a bank First, Schedule RC–Q does not allow
determine whether Schedule RC–P must to elect fair value measurement through banks to separately identify each of the
be completed would be modified to earnings for financial assets and three levels of fair value measurements
include both closed-end and open-end financial liabilities, the banking prescribed by FAS 157. The banking
1–4 family residential mortgage bank agencies understand that some agencies included Level 1 fair value
activities. institutions would like to reclassify measurements in the total fair value
certain loans elected to be accounted for amount in column A of Schedule RC–
5. Mortgage Repurchases and under the fair value option as trading Q as a means of minimizing reporting
Indemnifications assets. The Call Report instructions burden. However, the omission of a
As a result of its 1–4 family currently do not allow loans held for separate column on Schedule RC–Q for
residential mortgage banking activities, sale to be reported as trading assets. Level 1 fair value measurements has
a bank may be obligated to repurchase Under FAS 159, all securities within increased the time bank managements
mortgage loans that it has sold or the scope of FASB Statement No. 115, spend preparing and reviewing
otherwise indemnify the loan purchaser Accounting for Certain Investments in Schedule RC–Q because the fair value
against loss because of borrower Debt and Equity Securities (FAS 115), disclosures on Schedule RC–Q differ
defaults, loan defects, other breaches of that a bank has elected to report at fair from those in the banks’ other financial
representations and warranties, or for value under a fair value option should statements. Second, Schedule RC–Q
other reasons, thereby exposing the be classified as trading securities. does not allow banks to separately
bank to additional risk. Such Recognizing the provisions of FAS 159, identify any amounts by which the gross
information is not currently captured in the banking agencies are proposing the fair values of assets and liabilities
Call Report Schedule RC–P. Therefore, following clarification to the Call Report reported for Level 2 and 3 fair value
the banking agencies propose to add instructions, including the Call Report measurements included in columns B
four new items to Schedule RC–P to Glossary entry for ‘‘Trading Account.’’ and C have been offset (netted) in the
collect data on mortgage loan Banks may classify assets (other than determination of the total fair value
repurchases and indemnifications securities within the scope of FAS 115 reported on the Call Report balance
during the quarter. For both closed-end for which a fair value option is elected) sheet (Schedule RC), which is disclosed
first lien and closed-end junior lien 1– and liabilities as trading if the bank in column A of Schedule RC–Q. Based
4 family residential mortgages, banks applies fair value accounting, with on a review of industry practice, these
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would report the principal amount of changes in fair value reported in current disclosures are commonly made in the
mortgages repurchased or indemnified. earnings, and manages these assets and banks’ other financial statements.
For open-end 1–4 family residential liabilities as trading positions, subject to To reduce confusion related to the
mortgages, banks would report both the the controls and applicable regulatory differences in industry practice and the
total commitment under the line of guidance related to trading activities. Call Report, the banking agencies

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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51819

propose to add two columns to carrying amount of loans measured at detail on the trading assets held in
Schedule RC–Q to allow banks to report fair value. foreign offices or other trading assets in
any netting adjustments and Level 1 fair Because Schedule RC–C, part I, domestic offices. This limits the banking
value measurements separately in a provides data on loans held for agencies’ ability to assess bank
manner consistent with industry investment and for sale, the banking exposures to market, liquidity, credit,
practice. The new columns would be agencies propose to add the same items operational, and other risks posed by
captioned column B, Amounts Netted in to Schedule RC–D, Trading Assets and these assets. To appropriately assess the
the Determination of Total Fair Value Liabilities, for loans measured at fair safety and soundness of banks with
Reported on Schedule RC, and column value under a fair value option that are these exposures and banks with
C, Level 1 Fair Value Measurements. designated as held for trading. The significant concentrations in trading
Existing column B, Level 2 Fair Value banking agencies also propose to add a assets, the banking agencies propose
Measurements, and column C, Level 3 new item to Schedule RC–D for ‘‘Other three revisions to Schedule RC–D.
Fair Value Measurements, of Schedule trading liabilities’’ in recognition of a First, the banking agencies propose to
RC–Q would be recaptioned as columns bank’s ability to elect to measure certain eliminate the single line item for trading
D and E, respectively. Column A would liabilities at fair value in accordance assets in foreign offices on the FFIEC
remain unchanged. with FAS 159 and designate them as 031 Call Report form and revise the
The banking agencies have also given held for trading. schedule to include separate columns
further consideration to the information The banking agencies propose to add for the consolidated bank and for
that will be necessary to effectively two items to Schedule RC–N, Past Due domestic offices. This will provide
assess the safety and soundness of banks and Nonaccrual Loans, Leases, and detail on the assets in foreign offices in
that utilize the fair value option Other Assets, to collect data on the fair a manner consistent with disclosures
pursuant to FAS 159. Based on this value and unpaid principal balance of about trading assets throughout the
assessment, the banking agencies loans measured at fair value under a fair bank. Second, the banking agencies
propose to amend certain other Call value option that are past due or in propose to change the reporting
Report schedules to improve the nonaccrual status. The items would threshold for Schedule RC–D. At
agencies’ ability to make comparisons follow the existing three column present, a bank must complete Schedule
among entities that elect a fair value breakdown on Schedule RC–N that RC–D each quarter during a calendar
option and those that do not. The banks utilize to report all other past due year if the bank reported a quarterly
primary focus of these proposed and nonaccrual loans. Since trading average for trading assets of $2 million
changes is to enhance the information assets are not currently reported on or more in Schedule RC–K, item 7, for
provided by banks that elect the fair Schedule RC–N, the banking agencies any quarter of the preceding calendar
value option for loans. The proposed propose to add similar items to year.5 As proposed, Schedule RC–D
changes are based on the principal Schedule RC–D to collect the total fair would be completed in any quarter
objectives for disclosures and the value and unpaid principal balance of when the quarterly average for trading
required disclosures in FAS 159, which loans 90 days or more past due that are assets was $2 million or more in any of
were intended to provide ‘‘information classified as trading. Finally, the the four preceding quarters.6 This
to enable users to understand the banking agencies propose to add items change will enable the banking agencies
differences between fair value and to Schedule RI, Income Statement, to to more quickly and readily monitor the
contractual cash flows’’’ and to provide collect information on: (1) Net gains composition and risk exposures of the
information ‘‘that would have been (losses) recognized in earnings on assets trading accounts of banks that become
disclosed if the fair value option had not that are reported at fair value under a more significantly involved in trading
been elected.’’ fair value option; (2) estimated net gains activities. During 2006, 118 banks
Specifically, the banking agencies (losses) on loans attributable to changes reported average trading assets of $2
propose to add items to Schedule RC– in instrument-specific credit risk; (3) net million or more in any quarter of the
C, part I, Loans and Leases, to collect gains (losses) recognized in earnings on year.
data on the loans reported in this liabilities that are reported at fair value Third, the banking agencies propose
schedule that are measured at fair value under a fair value option; (4) estimated to require banks with average trading
under a fair value option: (1) The fair net gains (losses) on liabilities assets of $1 billion or more in any of the
value of such loans measured by major attributable to changes in the four preceding quarters to provide
loan category, (2) the unpaid principal instrument-specific credit risk. additional detail on trading assets and
balance of such loans by major loan liabilities currently included in the
3. Other Revisions to the Call Report
category, and (3) the aggregate amount ‘‘other’’ trading asset and liability
Information on Trading Assets and
of the difference between the fair value categories. These banks would provide
Liabilities
and the unpaid principal balance of additional breakouts for asset-backed
such loans that is attributable (a) to Since 2000, the total trading assets securities by major category,
changes in the credit risk of the loan reported by banks has increased collateralized debt obligations (both
since its origination and (b) to all other approximately 124 percent to $682 synthetic and non-synthetic), retained
factors. Comments are invited on: (1) billion or 7 percent of total industry
The availability of information assets as of March 31, 2007. In terms of 5 This same reporting threshold applies to

necessary to separately report the concentrations, approximately 64 Schedule RI, Memorandum item 8, in which banks
aggregate difference between fair value percent of total trading assets now are report a breakdown of trading revenue by risk
either reported in the category of exposure, but the banking agencies are not
and the unpaid principal that is proposing to change the threshold for this
attributable to changes in credit risk ‘‘Trading assets held in foreign offices’’ Memorandum item.
since origination, (2) the reliability of (approximately 53 percent of total
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6 For example, if a bank reported a quarterly

estimating the amount attributable to trading assets) or ‘‘Other trading assets average for trading assets of $2 million or more for
changes in credit risk since origination, in domestic offices’’ (approximately 11 the first time in its March 31, 2008, Call Report, it
would begin to complete Schedule RC–D in its June
and (3) ways to minimize the burden of percent of total trading assets). Schedule 30, 2008, Call Report. At present, the bank would
collecting information regarding the RC–D, Trading Assets and Liabilities, not begin to complete Schedule RC–D until its
effect of changes in credit risk on the currently does not provide any specific March 31, 2009, Call Report.

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51820 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices

interests in securitizations, equity bilateral netting arrangement with that agencies have determined that
securities (both with and without counterparty. However, by instructing a thresholds based on a percentage of
readily determinable fair values), and bank not to report its counterparty other noninterest income and other
loans held pending securitization. In credit risk exposure for credit noninterest expense are more relevant
addition, these banks would be required derivatives in Schedule RC–R, item 54, criteria for determining when a bank
to provide a description of and report the banking agencies are, in effect, should provide more detail. The
the fair value of any type of trading asset requiring the bank to separate its banking agencies propose to change the
or liability in the ‘‘Other trading assets’’ exposures resulting from credit threshold to require banks to separately
and ‘‘Other trading liabilities’’ derivatives from its net exposure to a disclose the description and amount of
categories that is greater than $25,000 counterparty. As a consequence, the any item included in other noninterest
and exceeds 25 percent of the amount bank is unable to recognize the netting income that exceeds 3 percent of other
reported in that trading category. This benefit in its risk-based capital noninterest income and any item
threshold is comparable to the threshold calculation. included in other noninterest expense
that all banks use for providing The banking agencies are proposing to that exceeds 3 percent of other
additional detail on other assets and modify the Call Report instructions for noninterest expense. This percentage is
other liabilities reported in Schedules Schedule RC–R to allow the reporting of intended to initially result in a reporting
RC–F and RC–G, respectively. the credit equivalent amount of credit threshold that is comparable to the
derivatives subject to the counterparty current 1 percent of interest income
D. Reporting Credit Derivative Data for credit risk charge in item 54 of the plus noninterest income threshold. It is
Risk-Based Capital Purposes in the Call schedule. In addition, the banking also expected to provide more relevant
Report agencies would extend the existing 100 disclosures than the current threshold
Approximately 50 banks report that percent risk weight column in Schedule as the amounts reported in noninterest
they have entered into credit derivative RC–R to item 54, ‘‘Derivative contracts.’’ income and noninterest expense change
contracts either as a guarantor or over time.
beneficiary. For credit derivative E. Revision of Reporting Threshold for
In addition, based on a review of
contracts that are covered by the Other Noninterest Income and Other
recent bank disclosures of components
banking agencies’ risk-based capital Noninterest Expense in the Call Report
of other noninterest income and other
standards, the Call Report instructions In 2001, the banking agencies changed noninterest expense reported in
require banks to report these credit the threshold for reporting detail on the Schedule RI–E, the banking agencies
derivatives in item 52, ‘‘All other off- components of ‘‘Other noninterest plan to add one new preprinted caption
balance sheet liabilities,’’ of Schedule income,’’ included in Schedule RI, item for other noninterest income and four
RC–R, Regulatory Capital, unless the 5.l, and ‘‘Other noninterest expense,’’ new preprinted captions for other
credit derivatives represent recourse reported in Schedule RI, item 7.d, to noninterest expense to help banks
arrangements or direct credit require banks separately to disclose on comply with the disclosure
substitutes, which are reported in one of Schedule RI–E, Explanations, the requirements. As with the existing
the preceding items in the Derivatives description and amount of any preprinted captions for other
and Off-Balance Sheet Items section of component included in other noninterest income and other
the schedule. This reporting approach noninterest income and other noninterest expense, banks are only
was developed to enable banks that sold noninterest expense that exceeded 1 required to use these descriptions and
credit protection and held the credit percent of the sum of interest income provide the amounts for these
derivative to apply a 100 percent risk and noninterest income. Since that time, components when the amounts
weight to the notional amount the banking agencies have monitored included in other noninterest income or
consistent with the risk-based capital bank disclosures of the types of other noninterest expense exceed the
treatment of standby letters of credit and noninterest income and noninterest reporting threshold. The new preprinted
guarantees. At present, Schedule RC–R, expenses in excess of this threshold to other noninterest income caption is
item 54, ‘‘Derivative contracts,’’ assess the safety and soundness bank card/credit card interchange fees.
specifically excludes credit derivatives considerations associated with the The new preprinted noninterest expense
and does not include a 100 percent risk changing sources of these income and captions are: (1) Accounting and
weight column because the maximum expense streams. Based on this review, auditing expenses, (2) consulting and
risk weight on the counterparty credit the banking agencies have determined advisory expenses, (3) automated teller
risk charge for other types of derivatives that the current threshold does not machine (ATM) and interchange
is 50 percent. provide sufficient information on the expenses, and (4) telecommunications
However, this reporting approach sources of bank noninterest income and expenses.
does not consider that some credit noninterest expenses to adequately
derivative positions are subject to a address their safety and soundness F. Reporting Brokered Time Deposits
counterparty credit risk charge, which is concerns. As a result, the banking Participated Out by the Broker in the
calculated for other derivative positions agencies are proposing to change the Call Report
in item 54, even if the credit derivatives threshold for reporting detail The banking agencies revised the
are held by a bank that is subject to the information on the components of other instructions for Schedule RC–E,
market risk capital rules. The banking noninterest income and other Memorandum items 2.b, ‘‘Total time
agencies also understand that credit noninterest expense. deposits of less than $100,000,’’ and 2.c,
derivatives often are included in Prior to 2001, banks were required to ‘‘Total time deposits of $100,000 or
bilateral netting arrangements. When separately disclose the description and more,’’ in March 2007. This was done so
derivatives are subject to such an amount of any item included in other that brokered time deposits issued in
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arrangement, the instructions to noninterest income that exceeded 10 denominations of $100,000 or more that
Schedule RC–R, item 54, permit a bank percent of other noninterest income and are participated out by the broker in
to report a net amount representing its any item included in other noninterest shares of less than $100,000 would be
exposure to a counterparty for all expense that exceeded 10 percent of reported in the former rather than the
derivative transactions under the other noninterest expense. The banking latter Memorandum item. However, the

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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices 51821

banking agencies did not make a including whether the information has Board Room on the sixth floor of the
conforming instructional revision to practical utility; FDIC Building located at 550—17th
Schedule RC–E, Memorandum items (b) The accuracy of the agencies’ Street, NW., Washington, DC:
1.c.(1) and 1.c.(2), on fully insured estimates of the burden of the Memorandum and resolution re:
brokered deposits. This means that information collections as they are Proposed FDIC Liquidation Investment
these participated brokered time proposed to be revised, including the Policy.
deposits continue to be reported as validity of the methodology and Requests for further information
brokered deposits of greater than assumptions used; concerning the meeting may be directed
$100,000 rather than brokered deposits (c) Ways to enhance the quality,
to Mr. Robert E. Feldman, Executive
of less than $100,000. Consistent utility, and clarity of the information to
Secretary of the Corporation, at (202)
reporting of these brokered time be collected;
(d) Ways to minimize the burden of 898–7122.
deposits across these Schedule RC–E
Memorandum items is needed for information collections on respondents, Dated: September 6, 2007.
purposes of measuring a bank’s non- including through the use of automated Federal Deposit Insurance Corporation.
core liabilities. Therefore, the banking collection techniques or other forms of Robert E. Feldman,
agencies are proposing to revise information technology; and Executive Secretary.
Schedule RC–E, Memorandum items (e) Estimates of capital or start up [FR Doc. E7–17845 Filed 9–10–07; 8:45 am]
1.c.(1) and 1.c.(2), so that brokered time costs and costs of operation, BILLING CODE 6714–01–P
deposits issued in denominations of maintenance, and purchase of services
$100,000 or more that are participated to provide information.
out by the broker in shares of less than Comments submitted in response to
$100,000 are reported in Memorandum this joint notice will be shared among FEDERAL RESERVE SYSTEM
item 1.c.(1) as fully insured brokered the agencies and will be summarized or
deposits of less than $100,000. included in the agencies’ requests for Change in Bank Control Notices;
OMB approval. All comments will Acquisition of Shares of Bank or Bank
III. Discontinuance of Mailing of Call become a matter of public record.
Report Forms and Instructions Holding Companies
Dated: September 4, 2007.
The banking agencies are planning to Stuart E. Feldstein, The notificants listed below have
discontinue the mailing of report forms applied under the Change in Bank
Assistant Director, Legislative and Regulatory
and instructions for the FFIEC 031 and Activities Division, Office of the Comptroller Control Act (12 U.S.C. 1817(j)) and
FFIEC 041. In March 2006, the banking of the Currency. § 225.41 of the Board’s Regulation Y (12
agencies advised banks that beginning CFR 225.41) to acquire a bank or bank
in June 2006 they would no longer mail Board of Governors of the Federal Reserve holding company. The factors that are
sample Call Report forms to banks each System, September 5, 2007. considered in acting on the notices are
quarter. At that time, the agencies stated Jennifer J. Johnson, set forth in paragraph 7 of the Act (12
that they planned to mail sample forms Secretary of the Board. U.S.C. 1817(j)(7)).
to banks only in those quarters when The notices are available for
significant revisions are made to the Dated at Washington, DC, this 31st day of
August, 2007. immediate inspection at the Federal
report forms. The banking agencies have Reserve Bank indicated. The notices
continued to mail updates to the Call Federal Deposit Insurance Corporation.
Robert E. Feldman, also will be available for inspection at
Report instruction book in those the office of the Board of Governors.
quarters when such updates have been Executive Secretary.
Interested persons may express their
issued. Based on their current practice, views in writing to the Reserve Bank
the banking agencies’ next mailing Dated: August 30, 2007.
Deborah Dakin, indicated for that notice or to the offices
would take place in March 2008. of the Board of Governors. Comments
The Call Report forms and their Senior Deputy Chief Counsel, Regulations and
Legislation Division, Office of Thrift must be received not later than
instructions are available on the FFIEC’s
Supervision. September 26, 2007.
Web site (http://www.ffiec.gov/
ffiec_report_forms.htm) and the FDIC’s [FR Doc. 07–4420 Filed 9–10–07; 8:45 am] A. Federal Reserve Bank of Kansas
Web site (http://www.fdic.gov/ BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; City (Todd Offenbacker, Assistant Vice
6720–01–P President) 925 Grand Avenue, Kansas
regulations/resources/call/index.html)
each quarter before any mailings of the City, Missouri 64198–0001:
paper forms and instructions are FEDERAL DEPOSIT INSURANCE 1. John D. Gross, Pine Bluffs,
completed. A paper copy of the report CORPORATION Wyoming, and Andrea G. Lamons, Fort
forms and instructions can be printed Collins, Colorado, as co–trustees of the
from the Web sites. In addition, banks Notice of a Matter To Be Deferred From Loraine C. Gross Revocable Trust and
that use Call Report software generally the Agenda for Consideration at an the Charles C. Gross, Jr. Revocable
can print paper copies of blank forms Agency Meeting Trust; to acquire voting shares of
from their software. The banking Commercial Bancorp, and thereby
agencies request comment on this issue. Pursuant to the provisions of the indirectly acquire voting shares of
‘‘Government in the Sunshine Act’’ (5 Farmers State Bank, both in Pine Bluffs,
IV. Request for Comment U.S.C. 552b), notice is hereby given that Wyoming.
Public comment is requested on all the following matter will be deferred
aspects of this joint notice. Comments from the ‘‘summary agenda’’ for Board of Governors of the Federal Reserve
sroberts on PROD1PC70 with NOTICES

consideration at the open meeting of the System, September 6, 2007.


are invited on:
(a) Whether the proposed revisions to Board of Directors of the Federal Jennifer J. Johnson,
the Call Report and TFR collections of Deposit Insurance Corporation Secretary of the Board.
information are necessary for the proper scheduled to be held at 10 a.m. on [FR Doc. E7–17836 Filed 9–10–07; 8:45 am]
performance of the agencies’ functions, Tuesday, September 11, 2007, in the BILLING CODE 6210–01–S

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