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14104 Federal Register / Vol. 72, No.

57 / Monday, March 26, 2007 / Notices

encourage collaboration by providing (Telephone: (202) 523–5800), other surety in a form and amount
examples and case studies that show jgregory@fmc.gov. determined by the Commission to
how agencies have collaborated with SUPPLEMENTARY INFORMATION:
ensure financial responsibility. The
other agencies and interested parties in Commission has implemented the
the past and how agencies can better Request for Comments provisions of section 19 in regulations
collaborate throughout a NEPA process. The Federal Maritime Commission, as contained in 46 CFR 515, including
The handbook describes the context part of its continuing effort to reduce financial responsibility forms FMC–48,
for when collaboration works well, paperwork and respondent burden, FMC–67, FMC–68, and FMC–69,
provides a basic approach to designing invites the general public and other Optional Rider Forms FMC–48A and
a collaborative NEPA process, examines Federal agencies to comment on the FMC–69A, and its related license
the various opportunities for continuing information collection listed application form, FMC–18.
collaboration throughout the NEPA Current Actions: There are no changes
in this notice, as required by the
process, and addresses challenges to to this information collection, and it is
Paperwork Reduction Act of 1995 (44
collaboration during the NEPA process. being submitted for extension purposes
U.S.C. 3501 et seq.).
In addition to examples of strategies for only.
Comments submitted in response to Type of Review: Extension.
preventing conflict, the handbook this notice will be included or
provides examples of Memoranda of Needs and Uses: The Commission
summarized in our request for Office of uses information obtained under this
Understanding, case studies, and Management and Budget approval of the
resources for practitioners. part and through Form FMC–18 to
relevant information collection. All determine the qualifications of OTIs and
Public comments to the proposed comments are part of the public record
handbook are requested by May 4, 2007. their compliance with shipping statutes
and subject to disclosure. Please do not and regulations and to enable the
March 19, 2007. include any confidential or Commission to discharge its duties
James L. Connaughton, inappropriate material in your under the Act by ensuring that OTIs
Chairman, Council on Environmental comments. We invite comments on: (1) maintain acceptable evidence of
Quality. The necessity and utility of the financial responsibility. If the collection
[FR Doc. E7–5454 Filed 3–23–07; 8:45 am] proposed information collection for the of information were not conducted,
BILLING CODE 3125–W7–P proper performance of the agency’s there would be no basis upon which the
functions; (2) the accuracy of the Commission could determine if
estimated burden; (3) ways to enhance applicants are qualified for licensing.
FEDERAL MARITIME COMMISSION the quality, utility, and clarity of the Frequency: This information is
information to be collected; and (4) the collected when applicants apply for a
Agency Information Collection use of automated collection techniques license or when existing licensees
Activities: Proposed Collection; or other forms of information change certain information in their
Comment Request technology to minimize the information application forms.
collection burden. An automated form Type of Respondents: The types of
AGENCY: Federal Maritime Commission for the license application, FMC–18, is respondents are persons desiring to
(FMC). currently in development. A rule will be obtain a license to act as an OTI. Under
ACTION: Notice and request for published as soon as the automated the Act, OTIs may be either an ocean
comments. form is available, for use at the option freight forwarder, a non-vessel-operating
of the applicant. common carrier, or both.
SUMMARY: As part of our continuing
Number of Annual Respondents: The
effort to reduce paperwork and Information Collection Open for Commission estimates a potential
respondent burden, and as required by Comment annual respondent universe of 4,765
the Paperwork Reduction Act of 1995, Title: 46 CFR 515—Licensing, entities.
the Federal Maritime Commission Financial Responsibility Requirements Estimated Time Per Response: The
invites comments on the continuing and General Duties for Ocean time per response for completing
information collection (extension with Transportation Intermediaries and Application Form FMC–18 averages 2
no changes) listed below in this notice. Related Forms. hours. The time to complete a financial
DATES: Comments must be submitted on OMB Approval Number: 3072–0018 responsibility form averages 20 minutes.
or before May 25, 2007. (Expires July 31, 2007). Total Annual Burden: The
ADDRESSES: You may send comments to: Abstract: Section 19 of the Shipping Commission estimates the total annual
Derek O. Scarbrough, Chief Information Act of 1984 (the ‘‘Act’’), 46 U.S.C. person-hour burden at 3,595 person-
Officer, Office of Administration, 40101–41309 (2006), as modified by hours.
Federal Maritime Commission, 800 Pub. L. 105–258 (The Ocean Shipping Bryant L. VanBrakle,
North Capitol Street, NW, Washington, Reform Act of 1998) and Section 424 of
DC 20573, (Telephone: (202) 523–5800), Secretary.
Pub. L. 105–383 (The Coast Guard
cio@fmc.gov. Please reference the [FR Doc. E7–5483 Filed 3–23–07; 8:45 am]
Authorization Act of 1998), provides
information collection’s title and OMB that no person in the United States may BILLING CODE 6730–01–P

number in your comments. act as an ocean transportation


FOR FURTHER INFORMATION CONTACT: To intermediary (OTI) unless that person
obtain additional information, copies of holds a license issued by the FEDERAL RESERVE SYSTEM
the information collection and Commission. The Commission shall
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Agency Information Collection


instructions, or copies of any comments issue an OTI license to any person that
Activities: Announcement of Board
received, contact Jane Gregory, the Commission determines to be
Approval Under Delegated Authority
Management Analyst, Office of qualified by experience and character to
and Submission to OMB
Administration, Federal Maritime act as an OTI. Further, no person may
Commission, 800 North Capitol Street, act as an OTI unless that person AGENCY: Board of Governors of the
NW., Washington, DC 20573, furnishes a bond, proof of insurance or Federal Reserve System

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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14105

SUMMARY: Background. information from these reports is used liabilities that are remeasured at fair
Notice is hereby given of the final to detect emerging financial problems, value on a recurring basis.1
approval of proposed information to review performance and conduct pre– The FASB issued a final Statement
collection by the Board of Governors of inspection analysis, to monitor and No. 159, The Fair Value Option for
the Federal Reserve System (Board) evaluate capital adequacy, to evaluate Financial Assets and Financial
under OMB delegated authority, as per BHC mergers and acquisitions, and to Liabilities (FAS 159), on February 15,
5 CFR 1320.16 (OMB Regulations on analyze a BHC’s overall financial 2007. This standard allows BHCs and
Controlling Paperwork Burdens on the condition to ensure safe and sound other entities to report certain financial
Public). Board–approved collections of assets and liabilities at fair value with
operations.
information are incorporated into the the changes in fair value included in
official OMB inventory of currently The FR Y–9C consists of standardized earnings. The Federal Reserve
approved collections of information. financial statements similar to the anticipates that relatively few BHCs will
Copies of the Paperwork Reduction Act Federal Financial Institutions elect to use the fair value option for a
Submission, supporting statements and Examination Council’s Consolidated significant portion of their financial
approved collection of information Reports of Condition and Income (Call assets and liabilities.
instrument(s) are placed into OMB’s Report) (FFIEC 031 & 041; OMB No. According to the FASB’s web site
public docket files. The Federal Reserve 7100–0036) filed by commercial banks. (www.fasb.org), the FASB Board has
may not conduct or sponsor, and the The FR Y–9C collects consolidated data decided to require that the effective date
respondent is not required to respond from the BHC and is generally filed by of the final fair value option standard be
to, an information collection that has top–tier BHCs with total consolidated the same as the effective date of FAS
been extended, revised, or implemented assets of $500 million or more. 157. Thus, the final fair value option
on or after October 1, 1995, unless it standard should be effective for
Current actions: On January 11, 2007, financial statements issued for fiscal
displays a currently valid OMB control
the Federal Reserve published a notice years beginning after November 15,
number.
in the Federal Register (72 FR 1325) 2007. The FASB Board has also decided
FOR FURTHER INFORMATION CONTACT:
requesting public comment for 60 days to permit an entity to early adopt the
Federal Reserve Board Clearance Officer
on the revision, without extension, of final fair value option standard
––Michelle Shore––Division of Research
the Consolidated Financial Statements provided that the entity also adopts all
and Statistics, Board of Governors of the
for Bank Holding Companies, effective of the requirements (measurement and
Federal Reserve System, Washington,
DC 20551 (202–452–3829). with the March 31, 2007, report date. disclosure) of FAS 157 concurrent with
OMB Desk Officer––Mark Menchik–– The comment period expired on March or prior to the early adoption of the final
Office of Information and Regulatory 12, 2007. The Federal Reserve did not fair value option standard. Furthermore,
Affairs, Office of Management and receive any comment letters. However, the FASB Board would permit early
Budget, New Executive Office Building, five comments were received by the adoption of the final fair value option
Room 10235, Washington, DC 20503, or Federal Reserve, Federal Deposit standard within 120 days of the
e–mail to mmenchik@omb.eop.gov. Insurance Corporation, and Office of the beginning of the entity’s fiscal year,
Comptroller of the Currency (the thereby making the fair value option
Final approval under OMB delegated banking agencies) on proposed revisions election retroactive to the beginning of
authority the revision, without that fiscal year (or the date of initial
to the Call Reports that parallel the
extension, of the following reports: recognition, if later) provided that the
proposed revisions to the FR Y–9C, and
1. Report title: Consolidated Financial were taken into consideration for this entity has not yet issued any interim
Statements for Bank Holding proposal. The comments are financial statements for that fiscal year.
Companies. summarized and addressed below. Thus, a BHC with a calendar year fiscal
Agency form number: FR Y–9C. year that voluntarily adopts FAS 157 as
OMB control number: 7100–0128. Reporting on Fair Value Measurements of January 1, 2007, would also be able
Frequency: Quarterly. and the Use of the Fair Value Option to adopt the final fair value option
Reporters: Bank holding companies standard as of that same date.
(BHCs). On September 15, 2006, the Financial The Federal Reserve proposed to
Annual reporting hours: 117,504 Accounting Standards Board (FASB) clarify the FR Y–9C reporting
hours. issued Statement No. 157, Fair Value instructions to explain where financial
Estimated average hours per response: Measurements (FAS 157), which is assets and liabilities measured under
38.35 hours. effective for banking institutions and the fair value option should be reported
Number of respondents: 766. other entities for fiscal years beginning in the existing line items of the FR Y–
General description of report: This after November 15, 2007. Earlier 9C. The Federal Reserve also proposed
information collection is mandatory (12 adoption of FAS 157 is permitted as of to add a new Schedule HC–Q to the FR
U.S.C. 1844(c)). Confidential treatment the beginning of an earlier fiscal year, Y–9C to collect data, by major asset and
is not routinely given to the data in this provided the BHC has not yet issued a liability category, on the amount of
report. However, confidential treatment financial statement or filed a FR Y–9C
for the reporting information, in whole
report for any period of that fiscal year. 1 The FASB’s three–level fair value hierarchy
or in part, can be requested in gives the highest priority to quoted prices in active
Thus, a BHC with a calendar year fiscal
accordance with the instructions to the markets for identical assets or liabilities (Level 1)
year may voluntarily adopt FAS 157 as and the lowest priority to unobservable inputs
form, pursuant to section (b)(4) of the
Freedom of Information Act (5 U.S.C. of January 1, 2007. The fair value (Level 3). Level 1 inputs are quoted prices in active
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measurements standard provides markets for identical assets or liabilities that the
522(b)(4). reporting bank holding company has the ability to
Abstract: The FR Y–9 family of guidance on how to measure fair value access at the measurement date (e.g., the FR Y–9C
reports historically has been, and and would require BHCs and other as–of date). Level 2 inputs are inputs other than
continues to be, the primary source of entities to disclose the inputs used to quoted prices included within Level 1 that are
observable for the asset or liability, either directly
financial information on BHCs between measure fair value based on a three– or indirectly. Level 3 inputs are unobservable
on–site inspections. Financial level hierarchy for all assets and inputs for the asset or liability.

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14106 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices

assets and liabilities to which the fair value option reporting in the Call be the year–to–date noncash income on
value option has been applied along Report, urging ‘‘the agencies to proceed closed–end loans with a negative
with separate disclosure of the amount cautiously with any major revisions to amortization feature secured by 1–4
of such assets and liabilities whose fair the Call Report or TFR prior to the family residential properties.
values were estimated under level two official release of the Fair Value Option The Federal Reserve’s proposal stated
and under level three of the FASB’s fair statement.’’ The trade association also that the threshold for identifying BHCs
value hierarchy. The categories are: requested that the agencies delay the with a significant volume of negatively
• Securities held for purposes other March 31, 2007, effective date of the amortizing residential mortgage loans
than trading with changes in fair value proposed reporting revisions related to would be based on the aggregate amount
reported in current earnings; the fair value option if the release of the of these loans being in excess of either
• Loans and leases; FASB’s final fair value option standard a certain dollar amount, e.g., $100
• All other financial assets and is delayed beyond its expected issuance million or $250 million, or a certain
servicing assets; in the first quarter of 2007. The trade percentage of the total loans and leases
• Deposit liabilities; association did not address the (in domestic offices) reported on
• All other financial liabilities and proposed reporting revisions for the fair Schedule HC–C, e.g., 5 percent or 10
servicing liabilities; and value option and fair value percent. For reporting during 2007, a
• Loan commitments (not accounted measurements themselves. BHC with negatively amortizing loans
for as derivatives). The Federal Reserve agrees on the would determine whether it met the size
In addition, the Federal Reserve need for caution in implementing the threshold for reporting the three
proposed to collect data on trading proposed reporting revisions related to additional memorandum items using
assets and trading liabilities in the new the fair value option and fair value data reflected in its December 31, 2006,
schedule from those BHCs that complete measurements. Accordingly, only if FR Y–9C report. For reporting in 2008
Schedule HC–D, Trading Assets and BHCs adopt this standard in the first and subsequent years, the determination
Liabilities, i.e., BHCs that reported quarter of 2007 for other financial would be based on data from the
average trading assets of $2 million or reporting purposes would the fair value previous year–end FR Y–9C. Thus,
more for any quarter of the preceding option reporting requirements in the FR BHCs with negatively amortizing 1–4
calendar year. In the proposed new Y–9C take effect as of March 31, 2007. family residential mortgage loans in
schedule, such BHCs would report the Otherwise, these reporting requirements excess of the reporting threshold as of
carrying amount of trading assets and would be delayed until BHCs elect the the end of any particular calendar year
trading liabilities whose fair values were fair value option for other financial would report these three data items for
estimated under level two and under reporting purposes. Additionally, the the next entire calendar year.
level three of the FASB’s fair value Federal Reserve will proceed with the The Federal Reserve requested
hierarchy. new Schedule HC–R data item for fair comment on the specific dollar amount
The FASB’s fair value measurements value changes included in retained and percentage of loans that should be
standard requires banking organizations earnings that are attributable to changes used in setting the size threshold for
and other entities to consider the effect in a BHC’s own creditworthiness. additional reporting on negatively
of a change in their own amortizing loans. The comments
creditworthiness when determining the Reporting of Certain Data on 1–4 Family received from a banking organization
fair value of a financial liability. The Residential Mortgage Loans withTerms and a banking trade association
Federal Reserve proposed to add one that Allow for Negative Amortization addressed the comparable threshold
new data item to Schedule HC–R, The Federal Reserve proposed to proposed for the Call Report. In this
Regulatory Capital, for the cumulative collect certain data items to monitor the regard, the banking organization
change in the fair value of all financial extent of holdings of closed–end 1–4 recommended that the agencies base
liabilities accounted for under the fair family residential mortgage loan their reporting threshold only on a
value option that is attributable to products whose terms allow for negative percentage of an institution’s total loans
changes in the BHC’s own amortization. As proposed, all BHCs and leases and not also include a fixed
creditworthiness. This amount would be would report the total amount of their dollar amount of negatively amortizing
excluded from the BHC’s retained holdings of such closed–end mortgage loans in the threshold test. The
earnings for purposes of determining loans in a new memorandum item in organization stated that using a
Tier 1 capital under the Federal Schedule HC–C, Loans and Leases. The percentage test ‘‘is more in line with the
Reserve’s regulatory capital standards. Federal Reserve also proposed to collect Agencies’ goals of ensuring the safety
Finally, the Federal Reserve proposed two additional memorandum items on and soundness of institutions while
to clarify the instructions to Schedule Schedule HC–C and another new minimizing the burden of information
HI for the treatment of interest income memorandum item on Schedule HI, collection’’ because ‘‘safety and
on financial assets and interest expense Income Statement, from BHCs with a soundness concerns become more
on financial liabilities measured under significant volume of negatively prominent only as an institution’s
a fair value option. The instructions amortizing 1–4 family residential concentration in these loans increases
would be modified to instruct BHCs to mortgage loans. The two additional relative to the rest of its portfolio.’’
separate the contractual year–to–date Schedule HC–C memorandum items In its comments, the banking trade
amount of interest earned on financial would be (1) the total maximum association referred to the agencies’
assets and interest incurred on financial remaining amount of negative Interagency Guidance on Nontraditional
liabilities that are reported under a fair amortization contractually permitted on Mortgage Product Risks, which they
value option from the overall year–to– closed–end loans secured by 1–4 family published at the beginning of October
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date fair value adjustment and report residential properties and (2) the total 2006,2 noting that this guidance
these contractual amounts in the amount of negative amortization on ‘‘specifically states that the agencies did
appropriate interest income or interest closed–end loans secured by 1–4 family not intend to establish concentration
expense data items on Schedule HI. residential properties that is included in caps for institutions that underwrite’’
Only one commenter, a banking trade the carrying amount of these loans. The
association, offered comments on fair Schedule HI memorandum item would 2 See 71 FR 58609, October 4, 2006.

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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14107

nontraditional mortgages, including the items pertaining to their negatively certificates of deposit issued in $1,000
residential mortgages with negative amortizing residential mortgages if the amounts under a master certificate of
amortization features on which data amount of these mortgages exceeds the deposit. Memorandum item 2.c, Total
would be reported in the Call Report. lesser of $100 million or 5 percent of time deposits of $100,000 or more,
The trade association expressed concern their total loans and leases (in domestic would be revised to exclude such
that the establishment of a reporting offices), both held for sale and held for brokered deposits.
threshold for reporting certain data on investment. The Federal Reserve proposed to
these loans would be ‘‘a de facto A data processing servicer make similar instructional changes to
concentration limit above which commented on the proposed March 31, seven data items on Schedule HC–E,
heightened regulatory scrutiny could be 2007, effective date for reporting this Deposit Liabilities, to retain consistent
implied for such loans.’’ This ‘‘would be information. The servicer observed that definitions with the Call Report and to
inconsistent with the Interagency the end of the proposal’s comment accommodate the consolidation of
Guidance.’’ As a consequence, the trade period is less than 90 days before this subsidiary bank information into the FR
association suggested eliminating the effective date, while it typically needs a Y–9C report. The Federal Reserve
entire proposed reporting requirement minimum of 180 days to implement proposed to revise the instructions for
for negatively amortizing residential programming changes after data item 1.d, Time deposits of less than
mortgage loans. Alternatively, if the requirements are finalized. As a $100,000 held in domestic offices of
proposed reporting requirement were to consequence, the servicer stated that it commercial bank subsidiaries; data item
be retained, the trade association would not be able to commit to 2.d, Time deposits of less than $100,000
recommended eliminating the reporting completing the programming, testing, held in domestic offices of other
threshold for the three additional data and implementation of changes to its depository institution subsidiaries;
items and requiring all banks to report mortgage software by March 31, 2007, to Memorandum item 1, Brokered deposits
these data items. enable its client banks to report the less than $100,000 with a remaining
proposed information on negatively maturity of one year or less; and
The Federal Reserve has considered
amortizing residential mortgages. Memorandum item 2, Brokered deposits
these comments that focus on the The Interagency Guidance on
reporting threshold. The intent of the less than $100,000 with a remaining
Nontraditional Mortgage Product Risks maturity of more than one year, to
proposal to establish a reporting indicates that management information
threshold for certain additional data on include brokered time deposits issued
and reporting systems ‘‘should allow in denominations of $100,000 or more
negatively amortizing residential management to detect changes in the
mortgage loans was not to establish that are participated out by the broker
risk profile of its nontraditional in shares of less than $100,000 and
concentration limits for these mortgage mortgage loan portfolio. The structure
products. Rather, as noted in the brokered certificates of deposit issued in
and content should allow the isolation $1,000 amounts under a master
proposal, the Federal Reserve currently of key loan products, risk–layering loan
‘‘has no readily available means of certificate of deposit. Data item 1.e,
features, and borrower characteristics.’’ Time deposits of $100,000 or more held
identifying the industry’s exposure’’ to The guidance further provides that ‘‘[a]t
these products, which led to the in domestic offices of commercial bank
a minimum, information should be subsidiaries; data item 2.e, Time
proposal to collect certain data to assist available by loan type,’’ such as for the
the Federal Reserve in ‘‘monitor[ing] the deposits of $100,000 or more held in
closed–end residential mortgage loans domestic offices of other depository
extent of use of negatively amortizing with negative amortization features that
residential mortgage loans in the institution subsidiaries; and
are the subject of this proposal, and ‘‘by
industry.’’ Thus, the reporting of data on Memorandum item 3, Time deposits of
borrower performance (e.g., payment
these mortgages is intended to support $100,000 or more with a remaining
patterns, delinquencies, interest
agency analysis at both the institution maturity of one year or less, would be
accruals, and negative amortization).’’
level and the industry level. The revised to exclude such brokered time
These risk management expectations for
threshold for reporting additional data deposits.
information systems were set forth The banking agencies received no
on negatively amortizing residential approximately 180 days before the
mortgage loans that are present at an comments on the proposed time deposit
March 31, 2007, effective date of the
institution in a significant volume was reporting changes, and the Federal
proposed FR Y–9C items for negatively
designed to limit the reporting burden Reserve is implementing the time
amortizing residential mortgages. In
on institutions, particularly small BHCs, deposit instructional changes as
addition, for the March 31, 2007, report
with a nominal volume of these loans. proposed.
date, BHCs may provide reasonable
A threshold based solely on a estimates for these new FR Y–9C items Instructional Clarifications
percentage of total loans and leases if the requested information is not
would not enable the Federal Reserve to Servicing of Loan Participations
readily available.
gain an industry perspective on the Bank holding companies report the
amount of remaining contractually Reporting of Certain Brokered Time outstanding principal balance of loans
permitted negative amortization, Deposit Information and other assets serviced for others in
capitalized negative amortization, and The banking agencies proposed to Memorandum items 2.a, 2.b, and 2.c of
noncash income from negative revise the reporting treatment of Schedule HC–S, Servicing,
amortization and how they relate to the brokered time deposits on Call Report Securitization, and Asset Sale
amount of negatively amortizing Schedule RC–E, Deposit Liabilities. Activities. The instructions for these
residential mortgages. Therefore, the Memorandum item 2.b, Total time Memorandum items do not explicitly
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Federal Reserve is proceeding with a deposits of less than $100,000, would be state whether a BHC that has sold a
reporting threshold for the three revised to include brokered time participation in a loan or other financial
additional data items that incorporates deposits issued in denominations of asset, which it continues to service,
both a dollar amount test and a $100,000 or more that are participated should include the servicing in
percentage test. More specifically, BHCs out by the broker in shares of less than Memorandum item 2.a, 2.b, or 2.c, as
will report the three additional data $100,000, as well as brokered appropriate. Because the absence of

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14108 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices

clear instructional guidance has resulted amortization and the number of item would then identify what
in questions from bankers and has institutions providing borrowers with component of 1–4 family mortgage loans
produced diversity in practice among such loans has increased significantly. is comprised of negative amortization
BHCs, the Federal Reserve proposed to Loans with this feature are structured in loans. The Schedule IS memorandum
clarify the instructions to these a manner that may result in an increase item is year–to–date non–cash income
Schedule HC–S memorandum items to in the loan’s principal balance even on closed–end loans with a negative
explicitly state that the amount of loan when the borrower’s payments are amortization feature secured by 1–4
participations serviced for others should technically current. When loans with family residential properties. This
be included in these data items. The negative amortization are not prudently memorandum item would identify the
banking agencies received no comments underwritten and not properly amount and extent of interest revenue
specifically addressing this instructional monitored, they raise safety and accrued and uncollected to ascertain the
clarification, and the Federal Reserve is soundness concerns. Currently, the degree this potentially higher risk
implementing the clarification as Federal Reserve has no readily available lending activity supports the BHC’s
proposed. means of identifying the industry’s overall net income. All nonbank
2. Report title: Financial Statements of exposure to such loans. Therefore, the subsidiaries with negatively amortizing
U.S. Nonbank Subsidiaries of U.S. Bank Federal Reserve proposed to collect four 1–4 family residential loans in excess of
Holding Companies. data items at the nonbank subsidiary the reporting threshold would report
Agency form number: FR Y–11. level to monitor the extension of these data items for the entire calendar
OMB control number: 7100–0244. negatively amortizing residential year following the end of any calendar
Frequency: Quarterly and annually. mortgage loans in the industry and to year when the threshold was exceeded.
Reporters: Bank holding companies parallel the data items being proposed 3. Report title: Financial Statements of
(BHCs). for inclusion on the FR Y–9C. Foreign Subsidiaries of U.S. Banking
Annual reporting hours: FR Y–11. The Federal Reserve proposed to Organizations.
(quarterly), 32,690 hours; FR Y–11. collect one memorandum item from all Agency form number: FR 2314.
(annually), 1,911 hours. nonbank subsidiaries on Schedule BS– OMB control number: 7100–0073.
Estimated average hours per response: A, Loan and Leases Financing Frequency: Quarterly and annually.
FR Y–11 (quarterly), 6.35 hours; FR Y– Receivables, for the total amount of Reporters: Foreign subsidiaries of U.S.
11 (annually), 6.35 hours. closed–end loans with negative state member banks (SMBs), bank
Number of respondents: FR Y–11 amortization features secured by 1–4 holding companies (BHCs), and Edge or
(quarterly), 1,287; FR Y–11 (annually), family residential properties in order to agreement corporations.
301. obtain an overall measure of this Annual reporting hours: FR 2314
General description of report: This potentially higher risk lending activity. (quarterly), 5,402 hours; FR 2314
information collection is mandatory (12 In addition, the Federal Reserve (annually), 966 hours.
U.S.C. 1844(c)). Confidential treatment proposed to collect two memorandum Estimated average hours per response:
is not routinely given to the data in items on Schedule BS–A and one FR 2314 (quarterly), 6.40 hours; FR 2314
these reports. However, confidential memorandum item on Schedule IS, (annually), 6.40 hours.
treatment for the reporting information, Income Statement, from nonbank Number of respondents: FR 2314
in whole or in part, can be requested in subsidiaries with a significant volume of (quarterly), 211; FR 2314 (annually),
accordance with the instructions to the negatively amortizing 1–4 family 151.
form, pursuant to section (b)(4) of the residential mortgage loans. The General description of report: This
Freedom of Information Act [5 U.S.C. threshold for significant volume would information collection is mandatory (12
522(b)(4)]. be based on the aggregate carrying U.S.C. 324, 602, 625, and 1844(c).
Abstract: The FR Y–11 reports collect amount of negatively amortizing loans Confidential treatment is not routinely
financial information for individual U.S. in excess of 5 percent of the total loans given to the data in these reports.
nonbank subsidiaries of domestic BHCs. and leases reported on Schedule BS–A. However, confidential treatment for the
BHCs file the FR Y–11 on a quarterly or A nonbank with negatively amortizing reporting information, in whole or in
annual basis according to filing criteria. loans would determine whether it met part, can be requested in accordance
The FR Y–11 data are used with other the size threshold for reporting the three with the instructions to the form,
BHC data to assess the condition of additional memorandum items based on pursuant to section (b)(4) of the
BHCs that are heavily engaged in data reported from the previous year– Freedom of Information Act [5 U.S.C.
nonbanking activities and to monitor end FR Y–11. 522(b)(4)].
the volume, nature, and condition of The Federal Reserve also proposed Abstract: The FR 2314 reports collect
their nonbanking operations. two additional Schedule BS–A financial information for direct or
Current actions: On January 11, 2007, memorandum items to collect (1) the indirect foreign subsidiaries of U.S.
the Federal Reserve published a notice total maximum remaining amount of SMBs, Edge and agreement
in the Federal Register (72 FR 1325) negative amortization contractually corporations, and BHCs. Parent
requesting public comment for 60 days permitted on closed–end loans secured organizations (SMBs, Edge and
on the revision, without extension, of by 1–4 family residential properties and agreement corporations, or BHCs) file
the Financial Statements of U.S. (2) the total amount of negative the FR 2314 on a quarterly or annual
Nonbank Subsidiaries of U.S. Bank amortization on closed–end loans basis according to filing criteria. The FR
Holding Companies. The comment secured by 1–4 family residential 2314 data are used to identify current
period expired on March 12, 2007. The properties that is included in the and potential problems at the foreign
Federal Reserve did not receive any carrying amount of these loans. The first subsidiaries of U.S. parent companies,
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comment letters. All reporting changes memorandum item would provide a to monitor the activities of U.S. banking
will be implemented effective with the measure of the maximum exposure that organizations in specific countries, and
March 31, 2007, report date. could be incurred for negative to develop a better understanding of
Recently, the volume of 1–4 family amortization loans in the current 1–4 activities within the industry, in
residential mortgage loan products family residential property loan general, and of individual institutions,
whose terms allow for negative portfolio. The second memorandum in particular.

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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices 14109

Current actions: On January 11, 2007, memorandum items to collect (1) the § 225.41 of the Board’s Regulation Y (12
the Federal Reserve published a notice total maximum remaining amount of CFR 225.41) to acquire a bank or bank
in the Federal Register (72 FR 1325) negative amortization contractually holding company. The factors that are
requesting public comment for 60 days permitted on closed–end loans secured considered in acting on the notices are
on the revision, without extension, of by 1–4 family residential properties and set forth in paragraph 7 of the Act (12
the Financial Statements of Foreign (2) the total amount of negative U.S.C. 1817(j)(7)).
Subsidiaries of U.S. Banking amortization on closed–end loans The notices are available for
Organizations. The comment period secured by 1–4 family residential immediate inspection at the Federal
expired on March 12, 2007. The Federal properties that is included in the Reserve Bank indicated. The notices
Reserve did not receive any comment carrying amount of these loans. The first also will be available for inspection at
letters. All reporting changes will be memorandum item would provide a the office of the Board of Governors.
implemented effective with the March measure of the maximum exposure that Interested persons may express their
31, 2007, report date. could be incurred for negative views in writing to the Reserve Bank
Recently, the volume of 1–4 family amortization loans in the current 1–4 indicated for that notice or to the offices
residential mortgage loan products family residential property loan of the Board of Governors. Comments
whose terms allow for negative portfolio. The second memorandum must be received not later than April 10,
amortization and the number of item would then identify what 2007.
institutions providing borrowers with component of 1–4 family mortgage loans A. Federal Reserve Bank of Kansas
such loans has increased significantly. is comprised of negative amortization City (Donna J. Ward, Assistant Vice
Loans with this feature are structured in loans. The Schedule IS memorandum President) 925 Grand Avenue, Kansas
a manner that may result in an increase item is year–to–date non–cash income City, Missouri 64198-0001:
in the loan’s principal balance even on closed–end loans with a negative 1. William Scott Martin Trust and
when the borrower’s payments are amortization feature secured by 1–4 William S. Martin, Miami Beach,
technically current. When loans with family residential properties. This Florida, as trustee; to acquire control of
negative amortization are not prudently memorandum item would identify the Green Country Bancorporation, Inc., and
underwritten and not properly amount and extent of interest revenue thereby indirectly acquire control of The
monitored, they raise safety and accrued and uncollected to ascertain the First State Bank, both in Ketchum,
soundness concerns. Currently the degree this potentially higher risk Oklahoma.
Federal Reserve has no readily available lending activity supports the BHC’s Board of Governors of the Federal Reserve
means of identifying the industry’s overall net income. All nonbank System, March 21, 2007.
exposure to such loans. Therefore, the subsidiaries with negatively amortizing Robert deV. Frierson,
Federal Reserve proposed to collect four 1–4 family residential loans in excess of Deputy Secretary of the Board.
data items at the nonbank subsidiary the reporting threshold would report [FR Doc. E7–5437 Filed 3–23–07; 8:45 am]
level to monitor the extension of these data items for the entire calendar
BILLING CODE 6210–01–S
negatively amortizing residential year following the end of any calendar
mortgage loans in the industry and to year when the threshold was exceeded.
parallel the data items being proposed The Federal Reserve proposed to add FEDERAL RESERVE SYSTEM
for inclusion on the FR Y–9C. the section Notes to the Financial
The Federal Reserve proposed to Statements to allow respondents the Formations of, Acquisitions by, and
collect one memorandum item from all opportunity to provide, at their option, Mergers of Bank Holding Companies
nonbank subsidiaries on Schedule BS– any material information included in
A, Loan and Leases Financing specific data items on the financial The companies listed in this notice
Receivables, for the total amount of statements that the parent U.S. banking have applied to the Board for approval,
closed–end loans with negative organization wishes to explain. The pursuant to the Bank Holding Company
amortization features secured by 1–4 addition of this section would enable Act of 1956 (12 U.S.C. 1841 et seq.)
family residential properties in order to the Federal Reserve to automate (BHC Act), Regulation Y (12 CFR part
obtain an overall measure of this information that respondents may want 225), and all other applicable statutes
potentially higher risk lending activity. to report as footnotes to various reported and regulations to become a bank
In addition, the Federal Reserve data items and provide for release of holding company and/or to acquire the
proposed to collect two memorandum this information to the public. This assets or the ownership of, control of, or
items on Schedule BS–A and one section is currently included on the FR the power to vote shares of a bank or
memorandum item on Schedule IS, Y–11. bank holding company and all of the
Income Statement, from nonbank Board of Governors of the Federal banks and nonbanking companies
subsidiaries with a significant volume of Reserve System, March 21, 2007. owned by the bank holding company,
negatively amortizing 1–4 family including the companies listed below.
Jennifer J. Johnson, The applications listed below, as well
residential mortgage loans. The
threshold for significant volume would Secretary of the Board. as other related filings required by the
be based on the aggregate carrying [FR Doc. E7–5503 Filed 3–23–07; 8:45 am] Board, are available for immediate
amount of negatively amortizing loans BILLING CODE 6210–01–S inspection at the Federal Reserve Bank
in excess of 5 percent of the total loans indicated. The application also will be
and leases reported on Schedule BS–A. available for inspection at the offices of
A nonbank with negatively amortizing FEDERAL RESERVE SYSTEM the Board of Governors. Interested
loans would determine whether it met persons may express their views in
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Change in Bank Control Notices;


the size threshold for reporting the three writing on the standards enumerated in
Acquisition of Shares of Bank or Bank
additional memorandum items based on the BHC Act (12 U.S.C. 1842(c)). If the
Holding Companies
data reported from the previous year– proposal also involves the acquisition of
end FR 2314. The notificants listed below have a nonbanking company, the review also
The Federal Reserve also proposed applied under the Change in Bank includes whether the acquisition of the
two additional Schedule BS–A Control Act (12 U.S.C. 1817(j)) and nonbanking company complies with the

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