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FIL-74-2004 Attachment

[Federal Register: June 8, 2004 (Volume 69, Number 110)]

[Proposed Rules]

[Page 31922-31927]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08jn04-24]


 

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FEDERAL DEPOSIT INSURANCE CORPORATION


 

12 CFR Part 327


 

RIN 3064-AC84


 

 

Deposit Insurance Assessments--Certified Statements


 

AGENCY: Federal Deposit Insurance Corporation.


 

ACTION: Notice of proposed rulemaking with request for comment.


 

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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) proposes to

modernize and simplify its deposit insurance assessment regulations

governing certified statements, to provide regulatory burden relief to

insured depository institutions. Under the proposal, insured

institutions would be required to obtain their certified statements on

the Internet via the FDIC's transaction-based e-business website,

FDICconnect. Correct certified statements would no longer be signed or

returned to the FDIC. The semiannual certified statement process would

be synchronized with the present quarterly invoice process. Two

quarterly certified statement invoices would comprise the semiannual

certified statement and reflect the semiannual assessment amount. If an

insured institution agrees with its quarterly certified statement

invoice, it would simply pay the assessed amount and retain the invoice

in its own files. If it disagrees with the quarterly certified

statement invoice, it would either amend its report of condition or

similar report (to correct data errors) or amend its quarterly

certified statement invoice (to correct calculation errors). The FDIC

would automatically treat either as the insured institution's request

for revision of its assessment computation, eliminating the requirement

of a separate filing. These proposed changes, which would reduce the

time and effort required to comply with the certified statement

process, result from the FDIC's ongoing program under the Economic

Growth and Regulatory Paperwork Reduction Act (EGRPRA) to provide

regulatory burden relief to insured depository institutions.


 

DATES: Comments must be submitted on or before August 9, 2004.


 

ADDRESSES: Interested parties are invited to submit written comments to

the FDIC by any of the following methods:


 

Federal eRulemaking Portal: http://www.regulations.gov.


 

Follow the instructions for submitting comments.

Agency Web site: http://www.fdic.gov/regulations/laws/federal/propose.html.

Follow the instructions for submitting comments

on the FDIC Web site.

E-mail: comments@FDIC.gov. Include ``Part 327--Certified

Statements'' in the subject line of the message.

Mail: Robert E. Feldman, Executive Secretary, Attention:

Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th

Street, NW., Washington, DC 20429.

Hand Delivery/Courier: Comments may be hand-delivered to

the guard station located at the rear of the FDIC's 17th Street

building (accessible from F Street) on business days between 7 a.m. and

5 p.m.


 

Instructions: All submissions received must include the agency name

and use the title ``Part 327--Certified Statements.'' The FDIC may post

comments on its Internet site at: http://www.fdic.gov/regulations/laws/federal/propose.html.

Comments may be inspected and photocopied in the


 

FDIC Public Information Center, Room 100, 801 17th Street, NW.,

Washington, DC, between 9 a.m. and 4:30 p.m. on business days.


 

FOR FURTHER INFORMATION CONTACT: Steve Wagoner, Senior Assessment

Specialist, Division of Finance, (202) 416-7152; Linda A. Abood,

Supervisory IT Specialist, Division of Information Resources

Management, (703) 516-1202; or Christopher Bellotto, Counsel, (202)

898-3801, Legal Division, Federal Deposit Insurance Corporation, 550

17th Street, NW., Washington, DC 20429.


 

SUPPLEMENTARY INFORMATION:

The FDIC is proposing to amend 12 CFR 327.2 to modernize and

simplify the certified statement process and to reduce the regulatory

burden on insured depository institutions under its ongoing EGRPRA

program. At present, the FDIC issues to each insured depository

institution two deposit insurance invoices each semiannual period. The

second invoice received during the semiannual period is the certified

statement. An insured


 

[[Page 31923]]


 

institution must certify the accuracy of the information on the

certified statement--by signing it--and return it to the FDIC. If the

information is incorrect, the institution must amend the certified

statement, return it to the FDIC, and file a separate request for

revision of assessment computation in order to change the amount of an

assessment payment.

Under the proposal, the two quarterly invoices--each to be called a

quarterly certified statement invoice--would together comprise the

semiannual certified statement. Insured institutions would download

their quarterly certified statement invoices directly from the FDIC's

e-business Web site, FDICconnect. If, after reviewing the data, the

institution believes its quarterly certified statement invoice is

correct, it would no longer be required to sign or return the invoice

to the FDIC. Instead, an insured institution would pay the amount

specified on the invoice and retain it in the institution's files.

Disagreements with quarterly certified statement invoices would be

handled with greater ease. If an institution believes the report of

condition or similar report (Call Report or Thrift Financial Report

(TFR)) data used on a quarterly certified statement invoice is not

correct, the institution would amend its Call Report/TFR (as it does

now); if an institution believes the Call Report/TFR data on the

invoice is correct, but the calculation of the assessment amount is

incorrect, the institution would amend the invoice to show the desired

change, sign it, and return it to the FDIC within the specified

timeframe. Either way, the FDIC would automatically treat the

institution's action as a request for revision of assessment

computation under section 327.3(h), and the present need for the

institution to file a separate request for revision under the FDIC's

regulations would be eliminated. With these changes, the regulatory

burden in the assessment process would be reduced for the benefit of

insured depository institutions. The FDIC would benefit as well, by

significantly reducing staff time required for administering the risk-

based assessment system and assessment billing and collection process.


 

I. Background


 

Under section 7(c) of the Federal Deposit Insurance Act (FDI Act or

Act) (12 U.S.C. 1817(c)) insured depository institutions are required

to file a certified statement with the FDIC for each semiannual deposit

insurance assessment period, containing such information as the FDIC

``may require for determining the institution's semiannual

assessment.'' 12 U.S.C. 1817(c)(1)(A). The FDI Act also provides that

the certified statement ``shall * * * be in such form and set forth

such supporting information as the Board of Directors shall prescribe *

* *'' 12 U.S.C. 1817(c)(1)(B)(i). In this way, the Act vests in the

FDIC discretion to prescribe the information contained in, as well as

the form of, semiannual certified statements. As a result of the FDIC's

exercise of this discretion over a period of years, the certified

statement process has evolved in response to advances in collection

procedures and data processing technology.

Prior to 1995, the FDIC mailed a blank certified statement form to

each insured depository institution each semiannual period. Each

institution was required to transcribe manually on this form the

deposit data culled from its two prior Call Reports/TFRs and to

calculate its assessment payment. The assessment was paid for the

entire semiannual period one month after the beginning of the

semiannual period (i.e., January 31 and July 31). An officer of the

institution was required to certify the accuracy of that information by

signing the form, which was then returned to the FDIC along with the

institution's check for the assessment amount. Under this system almost

all of the certified statements were returned to the FDIC each

semiannual period, but about 10 percent of the certified statements

received contained mistakes, due in part to simple transpositions of

figures and mathematical errors that required correction and revision.

The FDIC revised the process for collecting deposit insurance

assessments--adopting the present system of quarterly payments in 1994

and implementing it in March of 1995. 59 FR 67153 (Dec. 29, 1994). As

part of this changeover to the current automated invoicing and

collection system, the FDIC assumed responsibility for ``filling out''

the certified statement and calculating each institution's deposit

insurance assessment. The information used by the FDIC in completing

certified statements is derived from institutions' Call Reports/TFRs,

and is stored by the FDIC electronically. Because the June and December

Call Report/TFR data was not available electronically until after the

next semiannual payment date,\1\ the FDIC instituted the practice of

collecting semiannual assessments in two quarterly installments to

facilitate FDIC preparation of assessment forms for insured

institutions.

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\1\ The June 30 Call Report/TFR data was not available

electronically until after the July 31 payment date; similarly, the

December 31 Call Report/TFR data was not available electronically

until after the January 31 payment date.

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Accordingly, since 1995, the semiannual assessment has been

collected in two quarterly installments; the sum of these installments

equals an institution's semiannual assessment. Each quarterly

installment is based on deposit data contained in one of the two

quarterly Call Reports/TFRs submitted by the institution during the

previous semiannual period. Under section 7(a)(3) of the FDI Act (12

U.S.C. 1817(a)(3)), reports of condition must contain a declaration by

an officer of the institution, and a signed attestation by two other

institution officers, that the information set forth is true and

correct.

The FDIC computes the amount of each quarterly installment by

retrieving the relevant electronic data from the Call Report/TFR for

each institution. Once computed, the FDIC sends each insured

institution an invoice for the first semiannual installment, and, three

months later, a certified statement for the second installment. The

invoice and the certified statement \2\ are each mailed about two weeks

prior to the actual collection of each respective installment;

collection is accomplished via Automated Clearing House (ACH) direct

debit of the account designated by the institution for that purpose.\3\

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\2\ The term ``invoice'' will be used to refer to the invoice

for the first quarterly installment; the term ``certified

statement'' will be used to refer to the invoice for the second

quarterly installment.

\3\ The mailing date is about two weeks prior to the ACH

payment/settlement date. The FDIC also collects Financing

Corporation (FICO) assessments pursuant to the same statutory

requirements that govern FDIC deposit insurance assessments. The

FICO rate is established based on the deposit data reflected on the

invoice and certified statements. To ensure timely collection of

adequate funds for FICO, institutions pay the original amount due,

and any appropriate adjustments, plus interest, are part of a

subsequent quarterly assessment collection.

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The invoice and the certified statement differ in two essential

respects. The invoice contains the data, assessment computation, and

amount due for the first installment of the semiannual period only. The

certified statement, however, contains more than just the data,

assessment computation, and amount due for the second installment of

the semiannual period. It also restates the first installment

information and combines the two sets of information into a semiannual

presentation. In addition, the second installment invoice--the

certified statement--contains a signature block and must be signed and

returned to the FDIC, while the first installment invoice is subject to

neither requirement. Under the current process, if the institution


 

[[Page 31924]]


 

agrees with the information on the first installment invoice, the

institution takes no action other than to fund the designated

assessment account sufficiently to allow the direct debit of the

account. At most institutions, an officer will review the first

installment invoice before authorizing payment by comparing the deposit

data on the invoice to the amounts reported by the institution on its

corresponding Call Report/TFR, reconciling any adjustments from prior

assessment periods as may be noted on the back of the invoice,

verifying the rate multiplier used and the ACH account information, and

spot checking mathematical calculations. If the institution disagrees

with the information on the first installment invoice, the institution

must, by regulation (12 CFR 327.3(h)), file a request for revision of

its assessment computation if it wishes to change its assessment

payment, which in practice is usually done to obtain a refund.

If an institution agrees with the second installment invoice (the

certified statement), in addition to ensuring that the designated

account is adequately funded and payment is authorized, an officer of

the institution must certify the accuracy of the statement and return

it to the FDIC. Generally, this process will involve checking the

restated first invoice data again, as well as checking the data for the

second half of the semiannual period. The institution must return its

certified statement (usually by mail) signed by an officer, not later

than the second quarterly payment date of the semiannual period (i.e.,

certified statements must be returned by March 30 for the January-June

semiannual period and by September 30 for the July-December semiannual

period).\4\ If the institution disagrees with the certified statement,

the institution must annotate the changes, certify by signing, and

return the form to the FDIC. As with the first installment, the

institution is required under section 327.3(h) to file a request for

revision of its assessment computation if it wishes to change its

assessment payment, which in practice is usually done to obtain a

refund.

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\4\ An institution's assessment for the first semiannual period

of each year (January 1 through June 30) is calculated on the

deposits reported on the previous September and December Call

Report/TFR. The first installment (due January 2) is based on the

September deposits and the second installment (due March 30) is

based on the December deposits. The assessment for the second

semiannual period (July 1 through December 31) is calculated on the

deposits reported on the previous March and June Call Report/TFR.

The first installment (due June 30) is based on the March deposits,

and the second installment (due September 30) is based on the June

deposits. See 12 CFR 327.3.

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Under the existing automated system, the certified statement has

evolved from a semiannual form used by insured institutions to report

their deposit data and calculate their assessment payments, into a form

designed to confirm the accuracy of information previously provided by

the institution (via Call Reports/TFRs) and the accuracy of the FDIC's

assessment calculations based on that information.

The present certified statement process imposes significant and

unnecessary burdens on insured institutions and the FDIC. The FDIC must

mail out over 9,000 first installment invoices and an equal number of

certified statements each semiannual period. Institution officials have

to review and accept the first installment assessment calculation

twice: once in reviewing the first installment invoice and then a

second time, when reviewing the certified statement. Institutions must

also return their certified statements to the FDIC, even if no

discrepancies are found, a process prone to recurrent errors. For

example, some institutions return the wrong form (the first installment

invoice rather than the certified statement), or the certified

statement may be lost in transit. Approximately 1,000 institutions fail

to file their certified statements on time each semiannual period,

necessitating significant follow-up efforts by FDIC staff through

letters and telephone calls.

In addition, institutions filing corrected certified statements or

invoices are required under section 327.3(h) to file a separate request

for revision of that payment with the FDIC within 60 days from the date

of the quarterly assessment invoice. The request for revision sets in

motion the process of FDIC review of the validity of the certified

statement amendment, the accuracy of the corresponding assessment

payment, and the potential for a refund or additional charges based on

the FDIC's determination. Finally, the return of certified statements

to the FDIC was important when institutions themselves filled out the

certified statement and computed the assessment owed to the FDIC.

Today, however, the information used to complete the certified

statement is drawn from Call Reports/TFRs previously attested to by

officers of the insured depository institutions and stored

electronically by the FDIC. In effect, the information on the certified

statements has already been certified and transmitted to the FDIC.

Moreover, unlike the certified statement, the completed Call Report/TFR

signature and attestation page is not returned to the appropriate

Federal banking agency. Instead, the page is signed and attached to the

hard-copy record of the completed Call Report/TFR, which the

institution retains in its own files.

For these reasons, return of certified statements to the FDIC has

been identified under the FDIC's ongoing EGRPRA program as an outdated,

redundant, and burdensome process, both for the industry and the FDIC.


 

II. Proposed Amendments to Sec. 327.2


 

Under the proposed revisions to section 327.2, the two quarterly

assessment invoices issued during a semiannual period would each become

a component of the required semiannual certified statement. The two

quarterly certified statement invoices combined would--as the invoice

and certified statement do now--reflect an institution's total

assessment payment for each semiannual period.

The FDIC would, under the proposal, no longer mail out paper copies

of certified statement invoices to insured institutions. Instead,

insured institutions would access their quarterly certified statement

invoices each quarter via the FDIC's transaction-based e-business Web

site, FDICconnect, which would require that all institutions obtain

Internet access. In addition, Notices of Assessment Risk

Classification, presently mailed with the first quarterly invoice each

semiannual period (see 12 CFR 327.4(a)), would be provided with the

first quarterly certified statement invoice each semiannual period on

FDICconnect.

Each institution would register an employee as its FDICconnect

Designated Coordinator, who would access the quarterly certified

statement invoice or grant access for that purpose to another

individual. Accessing quarterly certified statement invoices via

FDICconnect would comply with the provisions of the Government

Paperwork Elimination Act, which requires agencies to offer on-line

alternatives to paper-based processes. Recognizing, however, that

Internet access might be unavailable or pose a hardship to some insured

institutions, the FDIC seeks comment from interested parties on the

need for and scope of an exemption to allow for delivery of quarterly

certified statement invoices by an alternate method.

The FDIC is also considering, as a courtesy, notifying all insured

depository institutions via e-mail of the availability of the quarterly

certified statement invoice. Comment is requested on whether the

proposed e-mail notification process is necessary or


 

[[Page 31925]]


 

desirable. Having obtained their quarterly certified statement invoices

via FDICconnect, return of those statements to the FDIC--if the

institution believes the invoice is correct--would no longer be

required. If an institution agrees with its quarterly certified

statement invoice, an officer of the institution would simply retain it

in the institution's files for the five-year record retention period

established in the FDI Act. See 12 U.S.C. 1817(b)(5). Because the data

used to complete the quarterly certified statement invoice has been

previously attested to on the institution's Call Report/TFR, the data

would be deemed certified by the institution, and signing the quarterly

certified statement invoice would not be required. The institution need

only pay the assessment indicated on the quarterly certified statement

invoice--by funding its designated account and permitting the FDIC's

direct debit--to be in conformity with both the proposed rule and the

FDI Act.

If an institution disagrees with the Call Report/TFR data used to

compute the assessment amount listed on a quarterly certified statement

invoice, the institution would amend its Call Report/TFR data (as it

does now), and the FDIC would automatically treat the amendment as a

request for revision of assessment computation under 12 CFR 327.3(h).

Similarly, if an institution disagrees with the calculation of the

assessment amount (with no change required to Call Report/TFR data),

the institution would annotate the quarterly certified statement

invoice with the correct information, certify its accuracy by signing,

return it to the FDIC within the specified timeframe, and the FDIC

would automatically treat the amended invoice as a request for revision

of assessment computation under Sec. 327.3(h). In either case, no

separate request for revision would be needed.\5\ In the event of an

assessment dispute, the FDIC would also be able to request from an

insured institution the quarterly certified statement invoice retained

in the institution's files.

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\5\ The requirements for filing a request for review of an

institution's assessment risk classification under 12 CFR 327.4(d)

would be unaffected by this change.

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Under the proposal, quarterly certified statement invoices from

prior semiannual periods would still be subject to change should an

institution discover errors and seek to amend its Call Report/TFR. The

FDIC would consider such requests for assessment changes for the full

five-year statute of limitations period for assessments. Institutions

would also continue to be obligated to ensure that the debit to the

institution's designated ACH account is adequately funded and

authorized.

The proposal would provide several benefits to the industry. By

accessing FDICconnect institutions would obtain their assessment

invoice data more quickly and more reliably, and at less cost to the

FDIC. The official delegated with the responsibility for an

institution's FDIC assessments could retrieve quarterly certified

statement invoices at his or her convenience twenty-four hours a day

(allowing limited downtime for maintenance during off hours) without

mail or internal routing delays. Signing and returning correct

quarterly certified statement invoices would be eliminated. Making each

invoice a component of the semiannual certified statement would

synchronize the payment and certification processes, and also clear up

confusion caused by the requirement that institutions return every

other invoice. In addition, insured institutions' officers would be

able to eliminate some steps in their review. Under the current system,

the institutions must review their first invoice data twice--once on

the first invoice and again when it is reiterated on the certified

statement. The proposal would eliminate this needless repetition,

thereby reducing the regulatory burden imposed by the certified

statement process. Finally, the proposal would simplify and streamline

the FDIC's review process for assessment payment changes; when an

amended quarterly certified statement invoice is returned to the FDIC,

a separately filed request for revision of assessment computation would

no longer be required.

The FDIC believes that the present certified statement process has

not kept up with the evolution and modernization of assessment

collections. Several proposed revisions have been identified under the

FDIC's ongoing EGRPRA program. Under the proposed revisions, the

assessment process would be simplified by synchronizing assessment

certification with the quarterly payment process in a format that would

better meet the needs of insured institutions and the FDIC. Internet

access would assure timely and reliable receipt by insured institutions

of their quarterly certified statement invoices and would be the first

step toward providing future business processes between insured

institutions and the FDIC electronically. Institutions would be

relieved of the administrative chore of ensuring that correct certified

statements are signed and mailed back to the FDIC, and reviews would be

simplified. The FDIC would realize cost savings by eliminating the need

to process and mail over 9,000 paper invoices each calendar quarter,

track receipt of, file and store returned certified statements, and

take follow-up actions for statements that are not returned to the

FDIC. The proposed revisions would also obviate the need for insured

institutions to file requests for revision of assessment computation to

effect payment changes associated with certified statement amendments.


 

III. Request for Comment


 

The Board invites comments on all aspects of the proposed rule,

including any other revisions to simplify, clarify, or improve the

process of filing certified statements. Interested persons are invited

to submit written comments during the 60-day comment period.


 

IV. Paperwork Reduction Act


 

The proposed rule contains a revision to an existing collection of

information. The revision has been submitted to the Office of

Management and Budget (OMB) for review and approval pursuant to the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The FDIC has

previously obtained OMB approval of this collection of information

under control number 3064-0057. Comments specifically regarding the

accuracy of the burden estimate and suggestions for reducing the burden

should be sent to: Gary Kuiper, Legal Division (Consumer and Compliance

Unit), Room PA-1730-3038, 550 17th Street, NW., Washington, DC 20429.

All comments should refer to the title of the proposal. Comments may be

hand delivered to the guard station at the rear of the 17th St Building

(located on F Street), on business days between 7 a.m. and 5 p.m.,

Attention: Comments, Federal Deposit Insurance Corporation, 550 17th

Street, NW., Washington, DC 20429. Copies of comments should also be

sent to: Mark Menchak, FDIC Desk Officer: Office of Management and

Budget, Office of Information and Regulatory Affairs, New Executive

Office Building, Washington, DC 20503.

Comments are invited on:

(a) Whether the collection of information is necessary for the

proper performance of the agency's functions, including whether the

information has practical utility;

(b) The accuracy of the estimates of the burden of the revised

information collection, including the validity of the methodology and

assumptions used;

(c) Ways to enhance the quality, utility, and clarity of the

information to be collected;


 

[[Page 31926]]


 

(d) Ways to minimize the burden of the revised information

collection on respondents, including the use of automated collection

techniques or other forms of information technology; and

(e) Estimates of capital or start up costs and costs of operation,

maintenance, and purchase of services to provide information.

At the end of the comment period, the comments and recommendations

received will be analyzed to determine the extent to which the revised

information collections should be modified. All comments will become a

matter of public record.

Title of the Collection: Certified statement for semiannual deposit

insurance assessment.

Summary of proposed changes to the information collection: As

discussed more fully in the preamble, the proposed revisions to 12 CFR

327.2 would change the manner in which the FDIC provides--and FDIC-

insured institutions receive--quarterly assessment invoices and

certified statements. At present the FDIC mails certified statements

and invoices to approximately 9,700 insured institutions each

semiannual period. Each invoice and certified statement must be

reviewed by the institution. The data on the invoice is reiterated on

the certified statement and must be reviewed again. Institutions must

sign and return the certified statements to the FDIC whether the

certified statements are correct or incorrect. If the institution

believes the certified statement is incorrect, a separate request for

review must also be filed if the institution wishes to obtain a refund.

Under the proposed rule, institutions will access their quarterly

certified statement invoices via the FDIC's e-business Web site,

FDICconnect. Return of correct invoices will be eliminated. An insured

institution will review each quarterly certified statement invoice just

once. Only quarterly certified statement invoices that the institution

believes are not correct will be returned to the FDIC, amended to show

corrections. The FDIC will treat an amended certified statement invoice

as a request for review, eliminating the need for the institution to

file a separate request under 12 CFR 327.3(h). The proposed amendment

will require insured depository institutions to obtain their quarterly

certified statement invoices on the Internet, comply with a

registration process for FDICconnect, and retain a copy of the

quarterly certified statement invoice for their records. Access to

quarterly certified statement invoices via FDICconnect will be more

secure than the mail, will eliminate much internal routing of

statements within institutions, will permit 24-hour access to quarterly

certified statement invoices (with minimal maintenance downtime), and

will eliminate significant FDIC tracking and processing.

Estimated Paperwork Burden Under the Proposal:

Number of respondents: 9,700.

Annual number of responses per respondent: 2.

Total annual responses: 19,400.

Estimated average time per response: 20 minutes.

Total estimated annual burden hours: 6,467.


 

V. Regulatory Flexibility Act


 

Pursuant to 5 U.S.C. 605(b) the FDIC certifies that the proposed

rule would not have a significant economic impact on a substantial

number of small businesses within the meaning of the Regulatory

Flexibility Act (5 U.S.C. 601, et seq.). The proposed rule, if

finalized, will affect all insured depository institutions (there are

approximately 9,700 at present). Of the total number of insured

institutions, approximately 60% are small business entities (assets of

$150 million or less). The proposed rule will slightly reduce the

regulatory burden (from an estimated 30 minutes per response to an

estimated 20 minutes per response) imposed by the certified statement

process, and therefore will not have a significant economic impact on

any insured depository institution.

The proposed rule will change the manner in which the FDIC provides

and insured institutions receive certified statements, as set out in

the Preamble. Under the proposed rule, institutions will access their

quarterly certified statement invoices via the FDIC's e-business Web

site, FDICconnect, rather than by mail. No significant burden is

anticipated in this requirement because the FDIC believes that very few

institutions do not already have Internet access or cannot readily

obtain it (in the Preamble the FDIC seeks comment on the need for a

hardship exemption). Return of correct invoices will be eliminated. An

insured institution will review each quarterly certified statement

invoice only once, unlike the present system. Only quarterly certified

statement invoices that the institution believes are not correct will

be returned to the FDIC, amended to show corrections. The FDIC will

treat amended certified statement invoices as requests for review,

eliminating the need for institutions to make a separate filing under

12 CFR 327.3(h). The proposed rule will clarify that institutions

should retain a copy of the quarterly certified statement invoice for

their records, but no significant burden is anticipated in this

requirement because the FDIC believes that insured institutions already

retain copies of their certified statements and invoices. Access to

quarterly certified statement invoices via FDICconnect will be more

secure than the mail, will eliminate much internal routing of

statements within institutions, will permit 24-hour access to quarterly

certified statement invoices (with minimal maintenance downtime), and

will eliminate significant FDIC tracking and processing. In short, the

proposal will reduce the regulatory burden on insured institutions.


 

VI. The Treasury and General Government Appropriations Act, 1999--

Assessment of Federal Regulations and Policies on Families


 

The FDIC has determined that the proposed rule will not affect

family well-being within the meaning of section 654 of the Treasury and

General Government Appropriations Act, enacted as part of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act of 1999

(Pub. L. 105-277, 112 Stat. 2681).


 

VII. Solicitation of Comments on Use of Plain Language


 

Section 722 of the Gramm-Leach-Bliley Act requires banking agencies

to use plain language in all proposed and final rules published after

January 1, 2000. Comments are invited on how to make the proposed rule

easier to understand. For example, you may wish to address the rule's

organization, clarity, technical language, or formatting. Have we

organized the material to suit your needs? If not, how could this

material be better organized? Are the requirements in the rule clearly

stated? If not, how could the rule be more clearly stated? Do the

regulations contain technical language or jargon that is not clear? If

so, which language requires clarification? Would a different format

(grouping and order of sections, use of headings, paragraphing) make

the regulation easier to understand? If so, what changes to the format

would make the regulation easier to understand? Would more, but

shorter, sections be better? If so, which sections should be changed?

What else could we do to make the regulation easier to understand?


 

List of Subjects in 12 CFR Part 327


 

Assessments, Bank deposit insurance, Banks, Banking, Financing

Corporation, Freedom of information, Hearing and appeal procedures,

Record retention,


 

[[Page 31927]]


 

Reporting and recordkeeping requirements, Savings associations.


 

For the reasons stated in the preamble, the Board of Directors of

the Federal Deposit Insurance Corporation proposes to amend part 327 of

Title 12 of the Code of Federal Regulations as follows:


 

PART 327--ASSESSMENTS


 

1. The authority citation for part 327 continues to read as

follows:


 

Authority: 12 U.S.C. 1441, 1441b, 1813, 1815, 1817-1819; Pub. L.

104-208, 110 Stat. 3009-479 (12 U.S.C. 1821).


 

2. Section 327.2 of subpart A is revised to read as follows:



 

Sec. 327.2 Certified statements.


 

(a) Required. (1) Each insured depository institution shall certify

its semiannual certified statement in the manner and form set forth in

this section.

(2) The semiannual certified statement shall be comprised of the

two quarterly assessment invoices issued during each semiannual period

as prescribed in Sec. 327.3(c) and (d). The two quarterly certified

statement invoices combined shall reflect the amount and computation of

the institution's semiannual assessment. Any rule applicable to the

certified statement shall apply to each quarterly certified statement

invoice.

(b) Availability and access. (1) The Corporation shall make

available to each insured depository institution via the FDIC's e-

business Web site FDICconnect two quarterly certified statement

invoices during each semiannual period.

(2) Insured depository institutions shall access their quarterly

certified statement invoices via FDICconnect, unless the FDIC provides

notice to insured depository institutions of a successor system. In the

event of a contingency, the FDIC may employ an alternative means of

delivering the quarterly certified statement invoices.

(c) Review by institution. The president of each insured depository

institution, or such other officer as the institution's president or

board of directors or trustees may designate, shall review the

information shown on each quarterly certified statement invoice.

(d) Retention by institution. If the appropriate officer of the

insured depository institution agrees that to the best of his or her

knowledge and belief the information shown on the quarterly certified

statement invoice is true, correct and complete and in accordance with

the Federal Deposit Insurance Act and the regulations issued under it,

the institution shall pay the amount specified on the invoice and shall

retain the quarterly certified statement invoice in the institution's

files for five years as specified in section 7(b)(5) of the Federal

Deposit Insurance Act.

(e) Amendment by institution. If the appropriate officer of the

insured depository institution determines that to the best of his or

her knowledge and belief the information shown on the quarterly

certified statement invoice is not true, correct and complete and in

accordance with the Federal Deposit Insurance Act and the regulations

issued under it, the institution shall pay the amount specified on the

invoice, and may

(1) Amend its Report of Condition, or other similar report, to

correct any data believed to be inaccurate on the quarterly certified

statement invoice; amendments to such reports timely filed under

section 7(g) of the Federal Deposit Insurance Act but not permitted to

be made by an institution's primary Federal regulator may be filed with

the FDIC for consideration in determining deposit insurance

assessments; or

(2) Amend and sign its quarterly certified statement invoice to

correct a calculation believed to be inaccurate and return it to the

FDIC by the quarterly payment date for that semiannual period as

specified in Sec. 327.3(c) and (d).

(f) Certification. Data used by the Corporation to complete the

quarterly certified statement invoice has been previously attested to

by the institution in its Reports of Condition, or other similar

reports, filed with the institution's primary Federal regulator. When

an insured institution pays the amount shown on the quarterly certified

statement invoice and does not correct that invoice as provided in

paragraph (e) of this section, the information on that invoice shall be

deemed certified for purposes of paragraph (a) of this section and

section 7(c) of the Federal Deposit Insurance Act.

(g) Requests for revision of assessment computation. The timely

filing of an amended Report of Condition or other similar report, or an

amended quarterly certified statement invoice, that will result in a

change to deposit insurance assessments owed or paid by an insured

depository institution shall be treated as a timely filed request for

revision of computation of quarterly assessment payment under Sec.

327.3(h).


 

Dated at Washington, DC, this 21st day of May, 2004.


 

By order of the Board of Directors.


 

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 04-12922 Filed 6-7-04; 8:45 am]


 

BILLING CODE 6714-01-P


 


 

Last Updated: March 24, 2024