This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rules and Regulations Federal Register
18793
Vol. 67, No. 74
Wednesday, April 17, 2002
1 FDICIA section 121, 12 U.S.C. 1831n(a)(3)(C)
and FDICIA section 122, 12 U.S.C. 1817 note.
FEDERAL DEPOSIT INSURANCE
CORPORATION
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.
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
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
VerDate 11<MAY>2000 17:13 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM pfrm04 PsN: 17APR1
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rules and Regulations Federal Register
18793
Vol. 67, No. 74
Wednesday, April 17, 2002
1 FDICIA section 121, 12 U.S.C. 1831n(a)(3)(C)
and FDICIA section 122, 12 U.S.C. 1817 note.
FEDERAL DEPOSIT INSURANCE
CORPORATION
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.
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
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
VerDate 11<MAY>2000 17:13 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM pfrm04 PsN: 17APR1
18794 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Rules and Regulations
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.
§ 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.
§ 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 § 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.
§ 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.]
FORMS USED BY THE FDIC
Form Title Reference
Paperwork
Reduction
Act Clear-
ance Num-
ber
FDIC 1600/04 ....................... Background Investigation Questionnaire for Contractor Personnel and
Management Officials.
12 CFR 366.6 ................ 3064–0072
FDIC 1600/07 ....................... Background Investigation Questionnaire for Contractors ........................ 12 CFR 366.6 ................ 3064–0072
FDIC 1600/10 ....................... Notice and Authorization Pertaining to Consumer Reports .................... 12 CFR 366.6 ................ 3064–0072
VerDate 11<MAY>2000 17:13 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM pfrm04 PsN: 17APR1
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.
§ 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.
§ 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 § 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.
§ 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.]
FORMS USED BY THE FDIC
Form Title Reference
Paperwork
Reduction
Act Clear-
ance Num-
ber
FDIC 1600/04 ....................... Background Investigation Questionnaire for Contractor Personnel and
Management Officials.
12 CFR 366.6 ................ 3064–0072
FDIC 1600/07 ....................... Background Investigation Questionnaire for Contractors ........................ 12 CFR 366.6 ................ 3064–0072
FDIC 1600/10 ....................... Notice and Authorization Pertaining to Consumer Reports .................... 12 CFR 366.6 ................ 3064–0072
VerDate 11<MAY>2000 17:13 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM pfrm04 PsN: 17APR1