97-26290. Restrictions on Advances to Non-Qualified Thrift Lenders  

  • [Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
    [Rules and Regulations]
    [Pages 52011-52016]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-26290]
    
    
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    FEDERAL HOUSING FINANCE BOARD
    
    12 CFR Part 935
    
    [No. 97-62]
    RIN 3069-AA60
    
    
    Restrictions on Advances to Non-Qualified Thrift Lenders
    
    AGENCY: Federal Housing Finance Board.
    
    ACTION: Final rule.
    
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    SUMMARY: The Federal Housing Finance Board (Finance Board) is amending 
    its regulations on advances to members that are not qualified thrift 
    lenders. The amendments revise an interim rule and implement the 
    Economic Growth and Regulatory Paperwork Reduction Act of 1996 
    (EGRPRA), which broadened the types of assets that may be used to 
    satisfy the qualified thrift lender (QTL) requirement. The final rule 
    includes a safe harbor for ``loans to small businesses'' (i.e., 
    commercial loans of $1,000,000 or less or farm loans of $500,000 or 
    less) and allows persons other than the chief executive officer (CEO) 
    to certify the accuracy of certain QTL information. The final rule also 
    changes the dates by which the Federal Home Loan Banks (Banks) must 
    determine the QTL status of their members, which conforms the annual 
    QTL determination to the date on which commercial loan data become 
    available.
    
    EFFECTIVE DATE: The final rule will become effective October 3, 1997, 
    except for the amendments to 12 CFR
    
    [[Page 52012]]
    
    935.13(a)(3)(i), which take effect on December 30, 1997.
    
    FOR FURTHER INFORMATION CONTACT: Gregory V. Goggans, Senior Financial 
    Analyst, Financial Analysis and Reporting Division, Office of Policy, 
    202/408-2878, or Neil R. Crowley, Associate General Counsel, Office of 
    General Counsel, 202/408-2990, Federal Housing Finance Board, 1777 F 
    Street, N.W., Washington, D.C. 20006.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On February 27, 1997, the Finance Board published, and requested 
    public comments on, an interim rule that amended the regulations 
    relating to the QTL status of non-savings association members. 62 FR 
    8868 (Feb. 27, 1997). The interim rule required the Banks to use 
    financial information from the call reports of such members when 
    determining their QTL status, but also allowed the use of other 
    information if certified by the member's CEO. The interim rule 
    reflected changes made to the QTL test by EGRPRA, as well as by an 
    interim rule adopted by the Office of Thrift Supervision (OTS), which 
    administers the QTL statute. The Finance Board indicated that it would 
    monitor the OTS rulemaking proceeding and expected to incorporate any 
    material changes made by OTS into the advances regulation. OTS later 
    adopted a final rule that broadened the definition of the term ``loans 
    to small businesses'' as used in the QTL provisions. 62 FR 15819 (April 
    3, 1997). The Finance Board is now incorporating the substance of the 
    OTS definition of ``loans to small businesses'' and is shifting forward 
    by six months the period within which the Banks must determine the QTL 
    status of their non-savings association members. The final rule also 
    allows the CEO to delegate to the chief financial officer, chief 
    operating officer, or controller of such members the authority to 
    certify the accuracy of any QTL financial data that do not appear in 
    the member's call report.
        In 1987, Congress established the QTL test, which required savings 
    associations to maintain 60 percent of their assets in instruments 
    related to domestic residential real estate or manufactured housing. 
    Competitive Equality Banking Act of 1987, Pub. L. 100-86, sec. 104(c), 
    101 Stat. 571-573 (August 10, 1987). The QTL test now requires savings 
    associations to maintain 65 percent or more of their assets in what are 
    characterized as ``qualified thrift investments.'' 12 U.S.C. 1467a(m). 
    The QTL test does not apply directly to commercial banks or credit 
    unions, but, in 1989, when Congress authorized commercial banks and 
    credit unions to become members of the Federal Home Loan Bank System 
    (System), it also limited their access to advances if they do not 
    comply with the QTL test. Financial Institutions Reform, Recovery, and 
    Enforcement Act of 1989 (FIRREA), Pub. L. 101-73, sec. 704(a), 103 
    Stat. 415 (August 9, 1989), codified at 12 U.S.C. 1424(a). 
    Specifically, FIRREA required such members that do not meet the QTL 
    test to purchase greater amounts of Bank stock to support their 
    advances, and mandated that they could obtain advances only for housing 
    finance purposes. FIRREA also gave QTL members a priority over non-QTL 
    members on access to advances, and imposed a 30 percent System-wide 
    limit on the aggregate amount of advances that could be outstanding to 
    non-QTL members. 12 U.S.C. 1430(e).
        The Banks are required to determine the QTL status of each non-
    savings association member at least annually, between January 1 and 
    April 15, based on financial information as of December 31 of the prior 
    calendar year. To do so, they must calculate the ``actual thrift 
    investment percentage'' (ATIP) for each such member, which is obtained 
    by dividing the institution's ``qualified thrift investments'' by its 
    ``portfolio assets.'' 12 CFR 935.13(a)(3). In EGRPRA, Pub. L. 104-208, 
    110 Stat. 3009 (Sept. 30, 1996), Congress amended the QTL test by 
    broadening the universe of assets that are considered to be ``qualified 
    thrift investments.'' Pursuant to those amendments, loans for 
    educational purposes, loans to small businesses, and loans made through 
    credit cards or credit card accounts, as well as an increased amount of 
    consumer loans, now may be included when determining the amount of an 
    institution's ``qualified thrift investments.'' Congress directed OTS 
    to define the term ``small business'' for purposes of the amended QTL 
    test, which OTS has done. 61 FR 60179 (Nov. 27, 1996) (interim rule); 
    62 FR 15819 (Apr. 3, 1997) (final rule), codified at 12 CFR 560.3.
        As part of its interim rule, OTS defined ``small business loans'' 
    narrowly, limiting the term to any loan made to a small business 
    concern or entity as defined by the Small Business Act, 15 U.S.C. 
    632(a), and the implementing regulations of the Small Business 
    Administration (SBA). The practical effect of relying solely on the SBA 
    regulations was to exclude from the QTL calculation any business loans 
    for which the lender did not possess the documentation required to 
    demonstrate that the loan in fact would satisfy the rather detailed 
    requirements of the SBA regulations. Because of the complexity of those 
    SBA provisions, and in response to public comments, the OTS final rule 
    revised the definition to add a ``safe harbor'' provision for ``small 
    business loans'' and ``loans to small businesses.'' Under the ``safe 
    harbor'' provision of the OTS final rule, a commercial loan also is 
    deemed to be a loan to small business for QTL purposes if the loan 
    meets the criteria for ``loans to small businesses and small farms'' 
    set out in the instructions for the OTS Thrift Financial Report. 62 FR 
    15819, 15825 (Apr. 3, 1997), codified at 12 CFR 560.3. Under those 
    criteria, a ``loan to small business'' includes any business loan (or 
    any series of loans to the same borrower) in the original amount of 
    $1,000,000 or less, or any farm loan (or series of loans to the same 
    borrower) in the original amount of $500,000 or less.
        The Finance Board issued its interim rule based on the provisions 
    of EGRPRA, as implemented by the OTS interim rule. Thus, the Finance 
    Board's interim rule directed the Banks to use the financial 
    information from their members' December 31 call reports as the primary 
    source for QTL determinations. 12 CFR 935.13(a)(3). The interim rule 
    recognized that certain items, such as business loans that meet the SBA 
    definition, are not separately identified on the call report. 
    Accordingly, the interim rule also included a certification procedure 
    under which a member could include in its QTL calculation items that do 
    not appear on the call report, provided the accuracy of the information 
    was certified by the CEO of the member. The Finance Board acknowledged 
    the practical difficulties associated with using the SBA definition of 
    small business loan and solicited comments on all aspects of the 
    interim rule.
    
    II. Comments
    
        The Finance Board received twelve comments on the interim rule. All 
    of the commenters who addressed the issue of certification endorsed the 
    concept as a practical method of providing information necessary for 
    the QTL calculation that does not appear in the call report. Most of 
    those also suggested that officers other than the CEO be allowed to 
    execute the certification. One commenter suggested that the involvement 
    of the CEO was necessary to ensure the accuracy of the information and 
    should not be delegated to any other officer. Of those addressing the 
    issue of loans to small businesses, all commenters favored the use of a 
    proxy (such as the call report data on
    
    [[Page 52013]]
    
    commercial loans to small businesses) in addition to, or in lieu of, 
    the SBA definition of small business loans.
    
    III. Description of the Final Rule
    
        One commenter questioned whether the interim rule was intended to 
    allow the Banks to rely on certifications from their members as an 
    alternative, rather than as a supplement, to the information obtained 
    from the call report. The intention of the Finance Board is that the 
    members' call reports, as that term is defined, are to be the principal 
    source of the financial information used to calculate the QTL status of 
    the members. The Finance Board recognizes that certain items that are 
    included as ``qualified thrift investments'' or ``portfolio assets'' 
    under the QTL test are not separately identified on the call report. It 
    is with respect to those items that the Banks may accept a 
    certification from the member.
        The Finance Board also recognizes that some Banks may, as a matter 
    of practice, first obtain uncertified information from their members 
    regarding their QTL assets and subsequently confirm the accuracy of 
    that information against the members' call report. The final rule would 
    not affect that practice, provided that the Bank uses the available 
    call report data when making the final QTL calculation. Any information 
    that is not derived from the call report may be used in the QTL 
    calculation only if a member provides the appropriate certification. 
    The intent in creating the certification provision is to provide a 
    means by which non-savings association members may include within the 
    QTL calculation any eligible assets that are not available from the 
    call report, at the option of the member; such certifications are not 
    mandated.
        The Finance Board believes that the commenters' contention that the 
    CEO need not be the only officer authorized to certify the accuracy of 
    a member's non-call report financial data presents a legitimate issue. 
    Accordingly, the final rule allows the CEO to delegate his or her 
    authority to sign the certification to the chief financial officer, 
    chief operating officer, or controller of a non-savings association 
    member. As noted in the interim rule, in requiring a certification the 
    Finance Board has attempted to strike a balance between its need to 
    ensure that the Banks base their QTL calculations on accurate financial 
    information and the desire of the Banks to manage their affairs with 
    their members.
        The Finance Board does not believe that it would be prudent to 
    allow more junior officers to execute the QTL certifications because 
    the Banks, and the Finance Board, have no independent means of 
    verifying that information. The Finance Board does not examine the 
    members of the Banks; such examinations are conducted by the principal 
    federal or state regulators. With respect to the non-savings 
    association members, the principal regulators do not examine their 
    subjects for compliance with the QTL test. Without an independent 
    examination of QTL status, the Finance Board needs some other means of 
    ensuring that the information used by the Banks is accurate. By 
    requiring the formality of a written certification from a senior 
    officer, the Finance Board believes that the Banks will have sufficient 
    assurance that the matter has received careful consideration by the 
    member. Allowing the CEO to delegate signature authority to additional 
    senior officers should address the commenters' concerns that CEO not be 
    burdened with this task, while maintaining accountability at the CEO 
    level. As a point of clarification, the certification provision does 
    not require, as some commenters apparently believe, that the senior 
    officers must personally determine the amount and composition of QTL 
    assets that do not appear separately on the call report. The 
    certification provisions require only that the CEO or, if the CEO 
    delegates that authority, one of the senior officers specified by the 
    rule, sign and date the certification. As with other corporate matters, 
    it is assumed that senior management will assign to the appropriate 
    employees the task of compiling the information.
        As was noted in the interim rule, the use of the SBA definition of 
    small business loans for QTL purposes was problematic because it would 
    exclude from the QTL calculation of ``qualified thrift investments'' 
    any small business loans that did not meet the detailed requirements 
    for SBA loans. Under the SBA regulations, a ``small business'' is an 
    entity the gross receipts of which (or the number of its employees) 
    fall below certain thresholds specified by SBA, which may vary 
    depending on the type of business in which the entity is engaged. 
    Unless a member had made a loan in connection with a SBA program, it 
    would be unlikely to have obtained such information for its loan files. 
    OTS addressed this issue in its final rule by including a ``safe 
    harbor'' provision, which defines ``small business loans'' and ``loans 
    to small businesses'' to include any other business loan in the 
    original amount of $1,000,000 or less and any farm loan in the original 
    amount of $500,000 or less.
        The Finance Board endorses the concept of a safe harbor for loans 
    to small businesses and small farms and is adopting the same approach 
    for its advances regulation. The Finance Board, however, is defining 
    the term ``loans to small businesses'' expressly, rather than by 
    incorporating by reference the OTS regulations. The OTS regulation 
    defines ``loans to small business'' by reference to the term ``loans to 
    small businesses and small farms,'' which, in turn, is located within 
    the definitions portion of the instructions for the OTS ``Thrift 
    Financial Report.'' Because the non-savings association members of the 
    Banks do not submit the Thrift Financial Report, and may not be 
    familiar with its instructions, the Finance Board believes that a bare 
    cross-reference to the OTS regulation or to the Thrift Financial Report 
    instructions would not provide the specificity that the Banks and their 
    non-savings association members require. Accordingly, the final rule 
    provides that for QTL purposes the term ``loans to small businesses'' 
    shall include any business or commercial loans (including a series of 
    loans to the same borrower) in an original amount of $1,000,000 or 
    less, and any farm loans (including a series of loans to the same 
    borrower) of $500,000 or less, as well as any loan to an entity that 
    satisfies the SBA definition of a ``small business.''
        One reason why OTS adopted, and why the commenters suggested that 
    the Finance Board adopt, the $1,000,000 and $500,000 thresholds for 
    loans to small businesses and small farms is that the information is 
    readily available from existing sources. The federal banking agencies 
    require the depository institutions that they supervise to submit 
    periodic information about the composition of their loan portfolios as 
    part of their quarterly call reports. The call report that is to be 
    filed as of June 30 includes a schedule for loans to small businesses 
    and small farms, on which the institutions must report the number and 
    amount currently outstanding as of June 30 of business loans with 
    original amounts of $1,000,000 or less and farm loans of $500,000 or 
    less. Using that information to determine the amount of the ``loans to 
    small businesses'' for purposes of the QTL calculation, as OTS has 
    done, also is consistent with the provisions of the Finance Board's 
    interim rule that require the Banks to use the call report as the 
    principal source of financial information for the QTL test. Moreover, 
    the use of existing call report data would not entail any additional
    
    [[Page 52014]]
    
    recordkeeping by the Banks or their non-savings association members.
        The one complicating factor associated with using the commercial 
    loan schedule to the call reports as the source for information on 
    loans to small businesses is that the depository institutions submit 
    the detailed data on their commercial loan portfolios only with their 
    June 30 call report. That arrangement conflicts with the existing time 
    period within which the Banks conduct their annual QTL determinations, 
    which must be done between January 1 and April 15 and must be based on 
    information as of December 31 of the prior calendar year. Because the 
    category of loans to small businesses is apt to be a significant 
    portion of the ``qualified thrift investments'' of the non-savings 
    association members, most of which are commercial banks, the Finance 
    Board believes that it would be a better practice for the annual QTL 
    determination to be performed soon after that information on loans to 
    small businesses becomes available. Accordingly, the final rule shifts 
    the QTL calculation period forward by six months. The Finance Board 
    informally solicited the views of the Banks on the use of the June 30 
    call reports, and all but two of the Banks favored using that source. 
    Because the Banks may obtain the call report data from commercial 
    providers, some of which may not become available in final form until 
    early October, the Finance Board has extended the end of the period to 
    October 31, which should give all Banks ample time to conduct their QTL 
    calculations.
        The Finance Board considered retaining the current January-to-April 
    QTL period and allowing the Banks to use the December 31 data for all 
    items but for loans to small businesses, for which the source would be 
    the prior June 30 call report. Using financial data derived from 
    reports that are six months apart, however, could lead to inaccurate 
    QTL calculations and would prevent the Finance Board, and the Banks, 
    from having an accurate QTL determination as of a particular date. The 
    Finance Board believes that it is important for all of the Banks to 
    conduct their required annual QTL determinations as of the same date so 
    that there be some uniformity within the System and the Finance Board 
    will have accurate System-wide QTL data should the 30 percent cap on 
    the aggregate amount of advances to non-QTL members become an issue.
        The use of the June 30 call report data should enable a 
    substantially greater number of non-savings association members to 
    increase their ATIP and come into compliance with the QTL requirement. 
    Because the final rule would ease compliance with the QTL test, the 
    Finance Board has decided to make the portion of the rule allowing the 
    use of the June 30 call report data effective on publication in the 
    Federal Register. In that way the Banks will be able immediately to 
    recalculate the QTL status of its non-savings association members based 
    on the June 30, 1997 commercial loan data. Under the existing Finance 
    Board regulations regarding the annual QTL determination, which would 
    remain in effect until year-end, the Banks may calculate the QTL status 
    of any non-savings association member at any time other than the 
    mandatory January-to-April annual calculation period, provided that 
    when doing so they use the data from the most recent call report. 12 
    CFR 935.13(a)(3)(i).
        Because the Banks have completed the required 1997 annual QTL 
    determinations earlier this year, the Finance Board has decided not to 
    impose the mandatory July-to-October annual QTL calculation on the 
    Banks for 1997. Accordingly, that provision of the final rule will not 
    take effect until December 30, 1997, which means that the annual 
    mandatory QTL calculation for 1998 will occur between July and October 
    1998, and will be based on call report data as of June 30, 1998. The 
    combination of the different effective dates is intended to allow the 
    Banks the flexibility to determine when to apply the revised QTL 
    provisions to their members. Thus, the Banks may take advantage of the 
    new safe harbor provision for loans to small business immediately, 
    should they choose to do so, but the final rule does not mandate that 
    they do so again for this year. If a Bank has determined earlier this 
    year that a non-savings association member met the QTL test, it need 
    not recalculate that member's QTL status until the 1998 annual 
    calculation.
        As noted above, the Banks have the option of recalculating the QTL 
    status of their non-savings association at any time, should they choose 
    to do so. That provision is in the current rule and is retained in this 
    final rule, with one revision. When making QTL calculations at any time 
    other than the required annual calculation, the Banks still must use 
    the most recent call report available for the member, except for 
    information that is not included in any call report and is certified by 
    a senior officer. For purposes of determining a member's outstanding 
    commercial loans of $1,000,000 or less or its farm loans of $500,000 or 
    less, the ``most recent call report'' will always be the prior June 30 
    call report. Thus, it is permissible for a Bank that is making a QTL 
    determination at some time other than during the annual QTL 
    determination, to use data from two separate call reports. That would 
    be the case whether the QTL determination is being done for an existing 
    member, such as in response to a change in the composition of the 
    member's assets, or for a new member, for which the QTL test is being 
    done for the first time. For example, if a commercial bank were to 
    become a member of the System in December, the Bank could use the 
    financial information from the September 30 call report for all items 
    except for commercial loans of $1 million or less and farm loans of 
    $500,000 or less. The information about those commercial and farm loans 
    would be obtained from the June 30 call report. Any additional 
    information that is required for the QTL test, but that is not on 
    either of the call reports, could be submitted by certification, but 
    only if the member were to choose to do so.
    
    IV. Regulatory Flexibility Act
    
        Because no notice of proposed rulemaking is required for this rule, 
    the provisions of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601, 
    et seq., do not apply. The final rule implements statutory changes to 
    the QTL test and conforms the Finance Board regulations to EGRPRA. 
    Moreover, the final rule would not impose any additional regulatory 
    requirements on small entities of the type contemplated by the RFA, and 
    reduces the regulatory burdens on all non-savings association members.
    
    V. Paperwork Reduction Act
    
        As part of the interim final rulemaking, the Finance Board 
    published a request for comments concerning the collection of 
    information contained in Sec. 935.13 of the interim final rule. See 62 
    FR 8870 (Feb. 27, 1997). The Finance Board did not receive any 
    comments. The Finance Board submitted an analysis of the information 
    collection to the Office of Management and Budget (OMB) for review in 
    accordance with section 2507 of the Paperwork Reduction Act of 1995. 
    See 44 U.S.C. 3507. OMB assigned a control number, 3069-0057, and 
    approved the information collection without conditions with an 
    expiration date of April 30, 2000. Potential respondents are not 
    required to respond to the collection of information unless the 
    regulation collecting the information displays a currently valid 
    control number assigned by OMB. See id.
    
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    3512(a). Although the final rule does not substantively or materially 
    modify the approved information collection, it reduces the reporting 
    and recordkeeping burden imposed on many respondents by permitting use 
    of ``loans to small businesses,'' as reported on June 30 call reports, 
    as a proxy for small business loans as defined by the SBA. The title, 
    description of need and use, and a description of the information 
    collection requirements in the final rule are discussed in parts I 
    through III of the Supplementary Information.
        The following table discloses the estimated annual reporting and 
    recordkeeping burden approved by OMB:
        The estimated annual reporting and recordkeeping hour burden is:
    
    a. Number of respondents--4272
    b. Total annual responses--4272
    Percentage of these responses collected electronically--0%
    c. Total annual hours requested--3930
    d. Current OMB inventory--0
    e. Difference--3930
    
        The estimated annual reporting and recordkeeping cost burden is:
    
    a. Total annualized capital/startup costs--0
    b. Total annual costs (O&M)--0
    c. Total annualized cost requested--$126,660
    d. Current OMB inventory--0
    e. Difference--$126,660
    
    Any comments concerning the information collection should be submitted 
    to Elaine L. Baker, Executive Secretary, Federal Housing Finance Board, 
    1777 F Street, N.W., Washington, D.C. 20006, and the Office of 
    Information and Regulatory Affairs of the Office of Management and 
    Budget, Attention: Desk Officer for Federal Housing Finance Board, 
    Washington, D.C. 20503.
    
    VI. Other Procedural Requirements
    
        The Finance Board has determined that the notice and comment 
    procedure ordinarily required by the Administrative Procedure Act (APA) 
    is not required in this instance. The APA authorizes agencies to waive 
    the notice and comment procedures when the agency ``for good cause 
    finds * * * that notice and public procedure thereon are impracticable, 
    unnecessary, or contrary to the public interest.'' 5 U.S.C. 
    553(b)(3)(B). The Finance Board made such a determination with respect 
    to the interim rule, finding that a delay would deny the Banks the 
    opportunity to incorporate the newly expanded QTL provisions into the 
    required annual QTL determinations of their members. The final rule 
    does not differ substantially from the interim rule, except by 
    conforming the definition of loans to small businesses to the OTS rule 
    and by otherwise incorporating revisions suggested by the public 
    commenters.
        The Finance Board also has determined that the 30-day delay of the 
    effectiveness provisions of the APA may be waived in these 
    circumstances. Section 553(d) of the APA permits waiver of the 30-day 
    delayed effective date requirement, among other things, where a 
    substantive rule relieves a restriction, or otherwise for good cause 
    found by the agency. The Finance Board finds that there is good cause 
    for making the final rule, with the exception of the amendments to 12 
    CFR 935.13(a)(3)(i), effective on October 3, 1997 because it will allow 
    the Banks to take advantage of the June 30 call report data as soon as 
    it becomes available, thereby relieving a regulatory burden on members 
    that will come into compliance with the QTL test as a result of these 
    amendments. The amendments to 12 CFR 935.13(a)(3)(i) will take effect 
    on December 30, 1997.
    
    List of Subjects in 12 CFR Part 935
    
        Credit, Federal home loan banks.
    
        Accordingly, the Federal Housing Finance Board hereby amends title 
    12, chapter IX, part 935 of the Code of Federal Regulations, to read as 
    follows:
    
    PART 935--ADVANCES
    
        1. The authority citation for part 935 continues to read as 
    follows:
    
        Authority: 12 U.S.C. 1422b(a)(1), 1426, 1429, 1430, 1430b, and 
    1431.
    
        2. Section 935.13 is amended by revising paragraph (a)(3) and by 
    adding an OMB parenthetical sentence following the section to read as 
    follows:
    
    
    Sec. 935.13  Restrictions on advances to members that are not qualified 
    thrift lenders.
    
        (a) Restrictions on advances to non-QTL members. * * *
    * * * * *
        (3)(i) A Bank shall calculate each non-savings association member's 
    ATIP at least annually, between July 1 and October 31, based upon 
    financial data as of June 30 of that calendar year. The Bank may, in 
    its discretion, calculate a member's ATIP more frequently than 
    annually.
        (ii) In determining a non-savings association member's annual ATIP, 
    a Bank shall use the financial information from the member's June 30 
    call report as the primary source of information. A Bank making ATIP 
    determinations other than as part of the annual QTL determination 
    (whether for existing members or new members) shall use the member's 
    most recent call report, except that in determining the amount of a 
    member's loans to small businesses a Bank may use the information for 
    such loans on the member's most recent June 30 call report. If any 
    information necessary for determining the member's ATIP is not 
    separately identified on a member's call report, the Bank may rely on a 
    written certification provided by the member that attests to the dollar 
    amount and composition of those other assets that meet the definitions 
    of ``qualified thrift investments'' or ``portfolio assets'' as of the 
    date of the call report. Notwithstanding the preceding two sentences, a 
    Bank may, at its option, accept from a non-savings association member 
    preliminary information as to the dollar amount and composition of 
    assets that meet the definitions of ``qualified thrift investments'' or 
    ``portfolio assets,'' provided that the Bank thereafter verifies 
    against the most recent call report the accuracy of any items that also 
    are available from the call report. In any case in which a Bank relies 
    on a certification from a non-savings association member as to its 
    level of ``qualified thrift investments'' or ``portfolio assets,'' the 
    certification must recite that the information is accurate as of the 
    date specified, must be in writing and be signed and dated by the chief 
    executive officer of the member. The chief executive officer may 
    delegate authority to sign and date the certification to the chief 
    financial officer, chief operating officer, or controller of the 
    member.
        (iii) For purposes of this section, the term ``call report'' shall 
    include:
        (A) With respect to a commercial bank, the annual or quarterly 
    ``Report of Condition and Income'' submitted to its appropriate Federal 
    banking agency;
        (B) With respect to a credit union, the quarterly or semi-annual 
    call report submitted to the National Credit Union Administration; and
        (C) With respect to an insurance company, its National Association 
    of Insurance Commissioners annual regulatory filing.
        (iv) For purposes of this section, the amount of a member's ``loans 
    to small businesses'' shall include any commercial or business loan (or 
    series of loans to the same borrower) in the original amount of $1 
    million or less, any farm loan (or series of loans to the same 
    borrower) in the original amount of $500,000 or less, and any loan to a 
    ``small business'' as that term is defined by section 3(a) of the Small 
    Business Act, 15 U.S.C. 632(a), and implemented by the Small Business 
    Administration at
    
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    13 CFR part 121, or any successor provisions.
    * * * * *
    (The Office of Management and Budget approved the information 
    collection requirements contained in this section and assigned 
    control number 3069-0057 with an expiration date of April 30, 2000)
    
        Dated: September 10, 1997.
    
        By the Board of Directors of the Federal Housing Finance Board
    Bruce A. Morrison,
    Chairperson.
    [FR Doc. 97-26290 Filed 10-3-97; 8:45 am]
    BILLING CODE 6725-01-U
    
    
    

Document Information

Effective Date:
10/3/1997
Published:
10/06/1997
Department:
Federal Housing Finance Board
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-26290
Dates:
The final rule will become effective October 3, 1997, except for the amendments to 12 CFR 935.13(a)(3)(i), which take effect on December 30, 1997.
Pages:
52011-52016 (6 pages)
Docket Numbers:
No. 97-62
RINs:
3069-AA60: Qualified Thrift Lender Test
RIN Links:
https://www.federalregister.gov/regulations/3069-AA60/qualified-thrift-lender-test
PDF File:
97-26290.pdf
CFR: (1)
12 CFR 935.13