FDIC Federal Register Citations

12 CFR Part 304

RIN 3064-AC52

Technical Amendments to FDIC Regulation Relating to Forms, Instructions, and Reports

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The FDIC is revising its regulation on forms, instructions,
and reports to make the information contained in it current. The
revised regulation includes current FDIC addresses and websites, and
updated descriptions of FDIC forms.

EFFECTIVE DATE: April 17, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas E. Nixon, Senior Program
Attorney, Office of the Executive Secretary, (202) 898-8766; Robert
Walsh, Manager, Policy and Program Development Section, Division of
Supervision (202) 898-6911; Philip Houle, Counsel, Legal Division (202)
898-3722, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.

SUPPLEMENTARY INFORMATION:

I. Background and Current Actions

The FDIC's regulation, ``Forms, Instructions, and Reports'' informs
the public where it may obtain forms and instructions for reports,
applications and other submittals used by the FDIC and describes
certain forms used by the FDIC, including the Consolidated Reports of
Condition and Income (Call Report), that are not described elsewhere in
FDIC regulations. It also implements requirements of the Federal
Deposit Insurance Corporation Improvement Act (FDICIA), Public Law 102-
242 (Dec. 19, 1991), which require the inclusion of ``off balance
sheet'' items in any financial reports from an insured institution to a
Federal banking agency and for the FDIC to collect information on small
business and small farm lending from insured depository institutions in
their annual reports of condition.\1\
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\1\ FDICIA section 121, 12 U.S.C. 1831n(a)(3)(C) and FDICIA
section 122, 12 U.S.C. 1817 note.
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This final rule updates the regulation to provide current
information. It does not change any regulatory requirement imposed on
the public by the FDIC, including any reporting or record keeping
requirement. The FDIC is also publishing today in this document,
directly following the final rule, a list of forms used by the FDIC
that provides form numbers, descriptive titles, Paperwork Reduction Act
clearance numbers, and citations to regulations that refer to the
forms. This ``Forms Used by the FDIC'' list will not be codified into
the Code of Federal Regulations, but will be periodically updated by
the FDIC and made available to the public.

II. Public Comment Waiver and Effective Date

As noted, this final rule updates information in part 304 and does
not affect any regulatory requirement imposed by the FDIC on the
public. The changes are matters of ``agency organization, procedure, or
practice'' and are thus not subject to the general requirement of the
Administrative Procedure Act (APA) for notice and comment, pursuant to
5 U.S.C. 553(b)(A). The changes are also routine, technical, non-
substantive and insignificant in nature and impact. They are also
inconsequential to the industry and the public, except to the extent
that they correct errors, update information and improve access to
information concerning forms, instructions and reports required by the
FDIC. Thus, the FDIC finds, for good cause, that the APA notice-and-
comment provisions are unnecessary. 5 U.S.C. 553(b)(B).
This final rule is also effective immediately, because: (a) The
changes are routine, technical, and not substantive; (b) the public
does not need a delayed period of time to conform or adjust; and (c)
the current part 304 contains inaccurate information which should be
corrected as promptly as possible. Therefore, it is determined that
good cause exists for making these amendments effective on publication
in the Federal Register, pursuant to 5 U.S.C. 553(d)(3).

III. Paperwork Reduction Act

This final rule does not create or modify any collection of
information pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.). Consequently, no information has been submitted to the Office of
Management and Budget for review.

IV. Regulatory Flexibility Act

A regulatory flexibility analysis under the Regulatory Flexibility
Act (RFA) is required only when an agency must publish a notice of
proposed rulemaking. 5 U.S.C. 603 and 604. As already noted, the FDIC
has determined that publication of a notice of proposed rulemaking is
not necessary here. Accordingly, the RFA does not require a regulatory
flexibility analysis.

V. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) (Pub. L. 104-121) provides generally for agencies to report
rules to Congress for review. The reporting requirement is triggered
when the FDIC issues a final rule as defined by the APA. 5 U.S.C. 551.
Because the FDIC is issuing a final rule as defined by the APA, the
FDIC will file the reports required by the SBREFA.
The Office of Management and Budget has determined that this
proposal does not constitute a ``major'' rule as defined by SBREFA.

VI. Assessment of Federal Regulations and Policies on Families

The FDIC has determined that this final rule will not affect family
well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act, 1999, Public Law 105-277, 112
Stat. 2681 (1998).

List of Subjects in 12 CFR Part 304

Bank deposit insurance, Banks, banking, Freedom of information,
Reporting and recordkeeping requirements.

Adoption of Technical Amendments

For the reasons set forth in the preamble, the FDIC hereby revises
part

[[Page 18794]]

304 of chapter III of title 12 of the Code of Federal Regulations, as
set forth below:

PART 304--FORMS, INSTRUCTIONS, AND REPORTS

Sec.
304.1 Purpose.
304.2 Where to obtain forms and instructions.
304.3 Reports.

Authority: 5 U.S.C. 552; 12 U.S.C. 1817, 1831, 1867.

Sec. 304.1 Purpose.

Part 304 informs the public where it may obtain forms and
instructions for reports, applications, and other submittals used by
the FDIC, and also describes certain forms that are not described
elsewhere in FDIC regulations.

Sec. 304.2 Where to obtain forms and instructions.

Forms and instructions used in connection with applications,
reports, and other submittals used by the FDIC can be obtained by
contacting the FDIC Public Information Center (801 17th Street, NW.,
Washington, DC 20434; telephone: 800-276-6003 or 202-416-6940), except
as noted below in Sec. 304.3. In addition, many forms and instructions
can be obtained from FDIC regional offices. A list of FDIC regional
offices can be obtained from the FDIC Public Information Center or
found at the FDIC's web site at http://www.fdic.gov, or in the
directory of FDIC Law, Regulations and Related Acts published by the
FDIC.

Sec. 304.3 Reports.

(a) Consolidated Reports of Condition and Income, Forms FFIEC 031
and 041. Pursuant to section 7(a) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(a)), every national bank, state member bank, and
insured state nonmember bank is required to file Consolidated Reports
of Condition and Income (also known as the Call Report) in accordance
with the instructions for these reports. All assets and liabilities,
including contingent assets and liabilities, must be reported in, or
otherwise taken into account in the preparation of, the Call Report.
The FDIC uses Call Report data to calculate deposit insurance
assessments and monitor the condition, performance, and risk profile of
individual banks and the banking industry. Reporting banks must also
submit annually such information on small business and small farm
lending as the FDIC may need to assess the availability of credit to
these sectors of the economy. The report forms and instructions can be
obtained from the Division of Supervision, FDIC, Washington, DC 20429.

(Approved by the Office of Management and Budget under control number
3064-0052)
(b) Report of Assets and Liabilities of U.S. Branches and Agencies
of Foreign Banks, Form FFIEC 002. Pursuant to section 7(a) of the
Federal Deposit Insurance Act (12 U.S.C. 1817(a)), every insured U.S.
branch of a foreign bank is required to file a Report of Assets and
Liabilities of U.S. Branches and Agencies of Foreign Banks in
accordance with the instructions for the report. All assets and
liabilities, including contingent assets and liabilities, must be
reported in, or otherwise taken into account in the preparation of the
report. The FDIC uses the reported data to calculate deposit insurance
assessments and monitor the condition, performance, and risk profile of
individual insured branches and the banking industry. Insured branches
must also submit annually such information on small business and small
farm lending as the FDIC may need to assess the availability of credit
to these sectors of the economy. Because the Board of Governors of the
Federal Reserve System collects and processes this report on behalf of
the FDIC, the report forms and instructions can be obtained from
Federal Reserve District Banks or through the web site of the Federal
Financial Institutions Examination Council,

http://www.ffiec.gov/

(Approved by the Office of Management and Budget under control number
7100-0032)
(c) Summary of Deposits, Form FDIC 8020/05. Form 8020/05 is a
report on the amount of deposits for each authorized office of an
insured bank with branches; unit banks do not report. Reports as of
June 30 of each year must be submitted no later than the immediately
succeeding July 31. The report forms and the instructions for
completing the reports will be furnished to all such banks by, or may
be obtained upon request from, the Division of Supervision, FDIC, 550
17th Street, NW., Washington, DC 20429.

(Approved by the Office of Management and Budget under control number
3064-0061)
(d) Notification of Performance of Bank Services, Form FDIC 6120/
06. Pursuant to Section 7 of the Bank Service Company Act (12 U.S.C.
1867), as amended, FDIC supervised banks must notify the agency about
the existence of a service relationship within thirty days after the
making of the contract or the performance of the service, whichever
occurs first. Form FDIC 6120/06 may be used to satisfy the notice
requirement. The form contains identification, location and contact
information for the bank, the servicer, and a description of the
services provided. In lieu of the form, notification may be provided by
letter. Either the form or the letter containing the notice information
must be submitted to the regional director--Division of Supervision of
the region in which the bank's main office is located.

(Approved by the Office of Management and Budget under control number
3064-0029)

Dated at Washington, DC, this 9th day of April, 2002.

By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[``Forms Used by the FDIC'' will not appear in the Code of Federal
Regulations.]

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[FR Doc. 02-9241 Filed 4-16-02; 8:45 am]
BILLING CODE 6714-01-P