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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices which applies to information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.10
Aside from the data items described above, data collected by the FR Y9
reports generally are not accorded confidential treatment. As provided in the Boards Rules Regarding Availability of Information,11 however, a respondent may request confidential treatment for any data items the respondent believes should be withheld pursuant to a FOIA
exemption. The Board will review any such request to determine if confidential treatment is appropriate and will inform the respondent if the request for confidential treatment has been granted or denied.
To the extent that the instructions to the FR Y9 reports direct the financial institution to retain the workpapers and related materials used in preparation of each report, such material would only be obtained by the Board as part of the examination or supervision of the financial institution. Accordingly, such information may be considered confidential pursuant to exemption 8 of the FOIA.12 In addition, the workpapers and related materials may also be protected by exemption 4 of the FOIA, to the extent such financial information is customarily and actually treated as private by the respondent.13
Current actions: On September 8, 2021, the Board published a notice in the Federal Register 86 FR 50354
requesting public comment for 60 days on the extension for three years of the Financial Statements for Holding Companies FR Y9 Reports, with revision.
Proposed Revisions
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Chief Executive Officer Contact Information The Federal Reserve periodically needs to communicate directly with the CEOs of holding companies via email;
however, the Federal Reserve currently does not have a complete list of CEO
email addresses. To streamline communications to CEOs, the Board proposed to collect the name, email address, and phone number of the holding companys CEO on the FR Y
9C and FR Y9SP reports. CEO
communications would be initiated or approved by the Boards senior management and would involve topics 10 5

U.S.C. 552b8.
CFR part 261.
12 5 U.S.C. 552b8.
13 5 U.S.C. 552b4.
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such as new initiatives and policy notifications.
The proposed CEO contact information would have been for the confidential use of the Federal Reserve and would not have been released to the public. In the proposal, the Board stated that it would use the collected CEO
email addresses and phone numbers judiciously and only for significant matters requiring CEO-level attention.
Having a comprehensive database of holding companies CEO contact information, including email addresses and phone numbers, would allow the Federal Reserve to have current information to communicate important and time-sensitive information to CEOs.
This information was proposed to be collected quarterly on the FR Y9C
report for consistency with the Call Report and semiannually on the FR Y
9SP report. The information would have been collected from top tier holding companies only.

should be invited to participate in this survey.
Therefore, the Board proposed to add a new check box, Memorandum item 5, Does your holding company have 100
or more full-time equivalent employees on a consolidated basis? to Schedule SI, Income Statement of the FR Y9SP
report. The addition of this item on the FR Y9SP would enable OMWI to have a comprehensive list of the Boardregulated holding companies with fulltime equivalent employees of 100 or more on a consolidated basis. The proposed data item would have been collected only from top-tier holding companies and would have been collected only on the report for the December 31 as-of date. Given that the additional information to be reported should be easily obtainable, the Board expects that this revision would cause a small burden increase for reporters.

Full-Time Employees
The FR Y9C instructions Glossary defines Brokered Deposits and Brokered Retail Deposits consistent with section 29g of the Federal Deposit Insurance Act FDI Act and the FDICs brokered deposits regulation.16 Under these definitions, the meaning of the term brokered deposit references the defined term deposit broker. On January 22, 2021, the FDIC published in the Federal Register a final rule to amend its brokered deposits regulation brokered deposits final rule,17 which established a new framework for analyzing certain provisions of the deposit broker definition in the FDI
Act.18 The brokered deposits final rule clarified the term deposit broker and the analysis of whether entities are engaged in the business of placing, or facilitating the placement of, deposits.
The revised FDIC regulation describes exceptions to the definition of deposit broker including when the primary purpose of an agents or nominees business relationship with its customers is not the placement of funds with depository institutions primary purpose exception. The brokered deposits final rule introduced in the FDICs regulation a list of business relationships that are designated as meeting the primary purpose exception.
In February 2021, the Federal Financial Institutions Examination Council proposed changes to the Call Reports forms and instructions consistent with the brokered deposits final rule and
Consistent with the Interagency Policy Statement Establishing Joint Standards for Assessing the Diversity Policies of Entities Regulated by the Agencies,14 which was issued as required by section 342 of the DoddFrank Act, the Boards Office of Minority and Women Inclusion OMWI
conducts an annual survey of entities the Board regulates. In this voluntary survey, the Board collects a selfassessment report on diversity policies and practices from Board-regulated entities with 100 or more full-time equivalent employees.
Currently, to identify those entities that should be invited to participate in the survey, the Boards OMWI relies on the FR Y9C and Call Report, which collect data on the number of full-time equivalent employees for the consolidated entity. Because these data are not collected on the parent-only FR
Y9SP or the nonbank subsidiary reports,15 the Board cannot accurately identify the FR Y9SP reporters with 100 or more full-time equivalent employees on a consolidated basis that 14 See 80 FR 33016 June 10, 2015. Agencies include the Office of the Comptroller of the Currency OCC; Board; Federal Deposit Insurance Corporation FDIC; National Credit Union Administration NCUA; Consumer Financial Protection Bureau CFPB; and Securities and Exchange Commission SEC.
15 The nonbank subsidiary reports include the Financial Statements of Foreign Subsidiaries of U.S.
Banking Organizations FR 2314/2314S, Financial Statements of U.S. Nonbank Subsidiaries held by Foreign Banking Organizations FR Y7N/7NS/7Q, and Financial Statements of U.S. Nonbank Subsidiaries of U.S. Holding Companies FR Y11/
11S.

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Brokered Deposits Glossary Entries
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CFR 337.6.
FR 6742 Jan. 22, 2021.
18 12 U.S.C. 1831fg.
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