Agency Information Collection Activities: Information Collection Revision; Comment Request; Comptroller's Licensing Manual, 36185-36188 [2017-16381]
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Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
description of how compliance was
verified after alteration of the vehicle.
NHTSA Decision: Accordingly, on the
basis of the foregoing, NHTSA hereby
decides that each motor vehicle listed in
Annex A to this notice, which was not
originally manufactured to comply with
all applicable FMVSS, is either
substantially similar to a motor vehicle
manufactured for importation into and/
or sale in the United States, and
certified under 49 U.S.C. 30115, as
specified in Annex A, and is capable of
being readily altered to conform to all
applicable FMVSS or has safety features
that comply with, or are capable of
being altered to comply with, all
applicable Federal Motor Vehicle Safety
Standards.
Vehicle Eligibility Number for Subject
Vehicles: The importer of a vehicle
admissible under any final decision
must indicate on the form HS–7
accompanying entry the appropriate
vehicle eligibility number indicating
that the vehicle is eligible for entry.
Vehicle eligibility numbers assigned to
vehicles admissible under this decision
are specified in Annex A.
Authority: 49 U.S.C. 30141(a)(1)(A),
(a)(1)(B) and (b)(1); 49 CFR 593.7; delegations
of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
Annex A—Nonconforming Motor
Vehicles Decided To Be Eligible for
Importation
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2. Docket No. NHTSA–2015–0023
Nonconforming Vehicles: 2010 Chevrolet
Camaro Passenger Cars
Substantially Similar U.S. Certified Vehicles:
2010 Chevrolet Camaro Passenger Cars
Notice of Petition Published at: 82 FR 17508
(April 11, 2017)
Vehicle Eligibility Number: VSP–591
(effective date June 15, 2017)
3. Docket No. NHTSA–2016–0041
Nonconforming Vehicles: 2008 Chevrolet
Silverado Trucks
Substantially Similar U.S. Certified Vehicles:
2008 Chevrolet Silverado Trucks
Notice of Petition Published at: 81 FR 71182
(October 14, 2016)
Vehicle Eligibility Number: VSP–590
(effective date November 28, 2016)
4. Docket No. NHTSA–2016–0118
Nonconforming Vehicles: 2013 BMW R1200
GS Adventure Motorcycles
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5. Docket No. NHTSA–2016–0130
Nonconforming Vehicles: 2014 EMU Camper
Trailer 4 × 4 Extreme Adventure
Because there is no substantially similar
U.S.-certified version, the petitioner sought
import eligibility under 49 U.S.C.
30141(a)(1)(B).
Notice of Petition Published at: 82 FR 17068
(April 7, 2017)
Vehicle Eligibility Number: VCP–63 (effective
date June 15, 2017)
[FR Doc. 2017–16384 Filed 8–2–17; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Revision; Comment Request;
Comptroller’s Licensing Manual
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other federal
agencies to take this opportunity to
comment on an information collection
revision, as required by the Paperwork
Reduction Act of 1995 (PRA).
An agency may not conduct or
sponsor, and a respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning a revision to its information
collection titled, ‘‘Comptroller’s
Licensing Manual.’’
DATES: You should submit written
comments by October 2, 2017.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email, if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0014, 400 7th Street SW., Suite
3E–218, Washington, DC 20219. In
addition, comments may be sent by fax
to (571) 465–4326 or by electronic mail
to regs.comments@occ.treas.gov. You
SUMMARY:
1. Docket No. NHTSA–2014–0121
Nonconforming Vehicles: 2009 Jeep Compass
Multipurpose Passenger Vehicles
Substantially Similar U.S. Certified Vehicles:
2009 Jeep Compass Multipurpose
Passenger Vehicles
Notice of Petition Published at: 81 FR 64978
(September 21, 2016)
Vehicle Eligibility Number: VSP–589
(effective date October 31, 2016)
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Substantially Similar U.S. Certified Vehicles:
2013 BMW R1200 GS Adventure
Motorcycles
Notice of Petition Published at: 82 FR 17082
(April 7, 2017)
Vehicle Eligibility Number: VSP–592
(effective date June 15, 2017)
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36185
may personally inspect and photocopy
comments at the OCC, 400 7th Street
SW., Washington, DC 20219. For
security reasons, the OCC requires that
visitors make an appointment to inspect
comments. You may do so by calling
(202) 649–6700 or, for persons who are
deaf or hard of hearing, (202) 649–5597.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and submit to security
screening in order to inspect and
photocopy comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
include any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490 or, for persons
who are deaf or hard of hearing, (202)
649–5597, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, 400 7th
Street SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), federal
agencies must obtain prior approval
from OMB for each collection of
information that they conduct or
sponsor. ‘‘Collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of title 44 requires federal
agencies to publish a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension or
revision of an existing collection of
information, before submitting the
collection to OMB for approval. To
comply with this requirement, the OCC
is publishing notice of this revised
collection of information.
The changes to this information
collection include revisions to four
interagency forms,1 which are being
made in conjunction with the Board of
Governors of the Federal Reserve
System and the Federal Deposit
Insurance Corporation. Those agencies
will issue a separate joint Federal
Register notice before or shortly after
this notice. The OCC is issuing its own
notice so that it may renew its entire
collection.
1 Interagency Bank Merger Act, Interagency
Biographical and Financial Report, Interagency
Notice of Change in Control, and Interagency Notice
of Change in Director or Senior Executive Officer.
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36186
Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Notices
The OCC is requesting that OMB
extend approval of this collection as
revised. The entire collection is
discussed in detail in the ‘‘Description’’
section, followed by a section
highlighting the revisions.
Title: Comptroller’s Licensing
Manual.
OMB Control No.: 1557–0014.
Description: The information
collection requirements ensure that
national banks and federal savings
associations (FSA) (hereafter ‘‘bank’’ or
‘‘banks’’) conduct their operations in a
safe and sound manner and in
accordance with applicable federal
banking statutes and regulations. The
information is necessary for regulatory
and examination purposes.
The Comptroller’s Licensing Manual
(Manual) sets forth the OCC’s policies
and procedures for the formation of a
national bank or federal branch or
agency, entry into the federal banking
system by other institutions, and
corporate expansion and structural
changes by existing banks. The Manual
includes sample documents to assist the
applicant in understanding the types of
information the OCC needs in order to
process a filing. An applicant may use
the format of the sample documents or
any other format that provides sufficient
information for the OCC to act on a
particular filing, including the OCC’s
electronic filing system, the Central
Application Tracking System.
The Manual includes requirements for
the following corporate filings:
• Interagency Biographical and
Financial Report—OCC regulations
require the OCC to perform background
investigations on proposed organizers,
executive officers, directors, and
principal shareholders of banks to
determine if they have the experience,
competence, integrity, character,
financial ability, and willingness to
direct or lead a bank’s affairs in a safe,
sound, and legal manner. 12 CFR 5.20,
5.50, 5.51, and 163.33; 28 CFR 16.34,
and 20.33.
• Public Notice and Comments—OCC
regulations require an applicant to
publish a public notice of its filing in a
newspaper of general circulation in the
community in which the applicant
proposes to engage in business. 12 CFR
5.8, 5.9, 5.10, 5.11, and 5.50.
• Charter—OCC must approve the
establishment of a bank. The application
includes a business plan and an oath of
a bank director. 12 CFR 5.20 and 7.2008.
• All federally-chartered savings
associations are required to file and
receive prior approval for certain
changes to their charter and/or bylaws.
The charter and bylaws of an insured
FSA are formal documents created
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16:35 Aug 02, 2017
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when a savings association establishes
its corporate existence. The charter
states the scope, purpose, and duration
for the corporate entity. 12 CFR 5.20,
5.21, 5.22, 5.25, and 5.33.
• Banker’s Bank—OCC regulations
require that a banker’s bank seeking a
waiver of a statutory provision must
request the waiver in a letter to the OCC.
The letter must include information on
why the waiver is requested and
supporting legal analysis. 12 CFR 5.20.
• Conversions—Institutions must
request OCC permission to convert to a
bank. OCC regulations require that a
converting financial institution provide
information related to its request to
convert its charter. 12 CFR 5.23 and
5.24.
• Federal Branches and Agencies—
OCC regulations require that a foreign
bank desiring to establish a federal
branch or agency file an application or
notice with the OCC. 12 CFR 5.70; 12
CFR part 28.
• Branches and Relocations—A bank
must obtain prior approval or give
notice to the OCC to establish, acquire,
or relocate a main office or branch. 12
CFR 5.30, 5.31, 5.40, 5.52, and 145.92;
36 CFR 800.1 et seq.; 40 CFR 1500.1 et
seq.
• Business Combinations and Failure
Acquisitions—OCC approval is required
for any merger, corporate
reorganization, or acquisition of a failed
institution that will result in a bank. 12
CFR 5.32 and 5.33.
• Fiduciary Powers—OCC approval is
required for a bank to exercise fiduciary
powers. The request letter represents the
bank’s conformity with the governing
statute and its commitment to retain
qualified trust management.
Additionally, a bank shall file a notice
after opening a trust office in a state
other than its home office state. 12 CFR
5.26.
• Operating Subsidiaries—OCC
regulations require that a bank obtain
OCC approval prior to establishing,
acquiring, or performing new activities
in an operating subsidiary. In certain
instances, a national bank may file a
notice after commencing an operating
subsidiary activity. 12 CFR 5.34, 5.38,
5.39, and 5.58.
• Financial Subsidiaries—A national
bank must obtain the approval of the
OCC prior to acquiring control of, or
holding an interest in, a financial
subsidiary, and prior to commencing a
new activity in an existing subsidiary. A
national bank that intends to acquire
control of, or hold an interest in, a
financial subsidiary, or to commence a
new activity in an existing financial
subsidiary, may obtain OCC approval
through filing a certification with
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subsequent notice or a combined
certification and notice. 12 CFR 5.39.
• Bank Service Companies—OCC
regulations require that a bank notify
the OCC prior to its investment in
certain bank service companies. 12 CFR
5.35.
• Investments—OCC regulations
require a national bank that wishes to
invest in an agricultural credit
corporation, an eligible savings
association, or any other equity
investment authorized by statute after
February 12, 1990, to provide notice to
the appropriate OCC district office. The
regulation also requires that a national
bank or a federal branch making a noncontrolling investment, directly or
through an operating subsidiary, file a
written notice or application. The
regulations further require an FSA
making a pass-through investment,
directly or through its operating
subsidiary, to file an after-the-fact notice
or an application. 12 CFR 5.36 and 5.58.
• Thrift Service Corporations—OCC
regulations require that an FSA obtain
OCC approval prior to establishing or
acquiring a subsidiary or performing
new activities in a thrift service
corporation. 12 CFR 5.59.
• Annual Report—The OCC requires
that each national bank prepare an
annual report as of December 31 on its
operating subsidiaries and file the report
by January 31 of the following year. 12
CFR 5.34.
• Branch Closings—Federal law
requires a bank to notify the OCC if it
closes a branch or if it converts a brick
and mortar branch to an ATM branch.
12 U.S.C. 1831r–1.
• Termination of National Bank or
FSA Charter—OCC regulations require a
bank to notify the OCC of its intent to
voluntarily liquidate, merge out, or
convert out of the bank charter. 12 CFR
5.25, 5.33(k), and 5.48.
• Capital and Dividends;
Subordinated Debt—OCC regulations
require that a bank obtain OCC approval
or, in some cases, provide notice to the
OCC in connection with a change in
equity capital, an issuance or
prepayment of subordinated debt, and
the payment of dividends under certain
circumstances. The applications are
titled, ‘‘Increase in Permanent Capital,’’
‘‘Reduction of Permanent Capital/
Dividends Payable in Property Other
Than Cash,’’ ‘‘Reverse Stock Split,’’
‘‘Quasi-Reorganization,’’ ‘‘Reduction of
Permanent Capital and Capital
Distribution,’’ ‘‘Issuance of
Subordinated Debt,’’ and ‘‘Prepayment
of Subordinated Debt.’’ 12 CFR 5.45,
5.46, 5.47, 5.55, 5.56, 5.60, 5.61, 5.62,
5.63, 5.64, 5.65, 5.66, and 5.67.
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• Change in Control—Any individual,
group, or company that proposes to
acquire control of a bank must submit
prior notice of that intent to the OCC.
12 CFR 5.50.
• Change in Senior Executive Officer
and Director—Whenever a change in
control occurs, the bank must promptly
report to the appropriate federal banking
agency any changes or replacements of
its senior executive officer or of any
director occurring in the next 12-month
period. Also, prior notice and approval
is required for any additions to the
board of directors or senior executive
officers if: The bank is not in
compliance with minimum capital
requirements; is otherwise in troubled
condition; or after OCC review of the
plan required under section 38 of the
Federal Deposit Insurance Act, the OCC
determines that prior notice is
appropriate. 12 CFR 5.50(h) and 5.51.
• Director Waivers—Every national
bank director must be a citizen of the
United States and a majority of the
national bank directors must reside in
the state where the bank is located. The
OCC may waive the requirement of
citizenship for not more than a minority
of the total number of directors and the
residency requirement for a majority or
all of the directors. A national bank may
file a letter requesting a waiver of the
citizenship or residency requirements.
See 12 U.S.C. 72.
• Change of Corporate Title and
Address—OCC regulations require a
bank that changes its corporate title or
address to inform the OCC of that
change. 12 CFR 5.42 and 5.52.
• Management Interlocks—Banks
may apply to the OCC for exemption
from the prohibitions on management
interlocks that would not result in a
monopoly or substantial lessening of
competition and would not present
safety and soundness concerns. 12 CFR
26.6.
• Customer Satisfaction Survey—This
survey information is collected as part
of the OCC’s quality assurance program.
• Substantial Asset Change—OCC
regulations require a bank to obtain
prior written approval: For a change in
the composition of all, or substantially
all, of the bank’s assets either through
the sale or other disposition of assets;
once having disposed of all or
substantially all the assets, to reactivate
its operations through the subsequent
purchase, acquisition, or other
expansion of its operations; for any
other purchases, acquisitions or other
expansions of operations that are part of
a plan to increase the size of the bank
by more than 25 percent in a one year
period; for any other material increase
or decrease in the size of the bank or a
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16:35 Aug 02, 2017
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material alteration in the composition of
the types of assets or liabilities of the
bank; or for any change in the purpose
of the bank’s charter. 12 CFR 5.53.
Changes to the Information Collection
The following were updated, with
burden increases only: Interagency
Notice of Change in Control, Interagency
Biographical and Financial Report, and
Interagency Bank Merger Act
Application.
The following forms were updated
with minor edits:
• Application Amendments—
Updated to remove reference to ‘‘CAIS.’’
• Authorization for Release of
Information/Consent Form for
Background Investigations—Updated to
make language more clear, in
compliance with the Fair Credit
Reporting Act.
• Branches Requiring
Authorization—Removed references to
‘‘OTS.’’
• Change of Address—Added a
missing check box for change in address
of a branch.
• Other Equity Investments or PassThrough Investments—Corrected a
typographical error.
• Individual Oath of FSA Director—
Updated to correct typographical errors.
• Reduction of Permanent Capital/
Dividends Payable in Property Other
Than Cash—12 CFR 5.66 requires
national banks to obtain approval before
paying a dividend-in-kind. Previous
revisions to the form inadvertently
omitted applicability of the form for this
use.
• Interagency Notice of Change in
Director or Senior Executive Officer—
Minor updates and further clarification
of instructions and requirements.
The following forms were updated to
clarify the information requested:
• Increase in Permanent Capital
Notice—Generally an FSA is not
required to apply for an increase in
capital unless the method of increase
itself requires a filing (such as issuance
of a new class of stock). However, in
certain circumstances, a federal stock
savings association is required to submit
an application and obtain OCC
approval. National banks are required to
give notice and receive OCC
certification.
• Interagency Biographical and
Financial Report—Minor updates and
further clarification of instructions and
requirements. Includes additional
questions typically asked during the
application review process, such as
information on lawsuits, suspensions,
tax obligations, and liabilities.
• Interagency Notice of Change in
Control—Minor updates and further
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36187
clarification of instructions and
requirements. Includes additional
questions typically asked during the
application review process, such as
information on non-voting shares, and
whether the applicant is joining an
existing group acting in concert.
• Interagency Bank Merger Act—
Updated to reflect new requirements
under the Dodd-Frank Act, or otherwise
necessary to evaluate statutory factors,
as well as additional questions typically
asked during the application review
process. Requests financial projections
for three years versus the current one
year.
The following forms were updated to
delete requirements:
• Citizenship and Residency
Waivers—Removed applicability to
FSAs and clarified that only the
biographical portion of the form is
required.
• Commencement of Fiduciary
Activities Notice, Fiduciary Powers
After-the-Fact-Notice, Fiduciary Powers
Application, and Surrender of Fiduciary
Powers Notice—Removed requirement
for a bank seal.
Additional Requested Items
The following are additions to the
collection that capture existing
requirements:
• Conversion to National Bank
Completion Certification and
Conversion to FSA Completion
Certification—Certification is submitted
to indicate that all steps required to
convert to a bank were taken, including
execution of all documents required for
organization, requisite shareholder or
member approval, board of directors
authorization, and adoption of bylaws.
Upon receipt of the certification, the
OCC issues the institution a new
charter.
• Reduction of Permanent Capital and
Capital Distribution—Under 12 CFR
5.55, FSAs are required to obtain OCC
approval before issuing a capital
distribution under certain
circumstances. The request is reviewed
to determine whether the FSA’s request
is in accordance with existing statutory
and regulatory criteria. The reporting
requirements were previously included
in OTS Form 1583. The new form was
approved under OMB Control No. 1557–
0338 and later merged into OMB
Control No. 1557–0014.
Transfer of a Collection
Investment in Bank Premises—OCC
regulations require a bank to obtain
prior approval whenever an investment
in bank premises will cause the total
investment in bank premises to exceed
the amount of the bank’s capital stock,
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unless the bank is eligible for the
premises notice process set forth in 12
CFR 5.37(d)(3). 12 CFR 5.37(d)(1) and
7.1000(c). This item has been merged
into the collection covering part 7 (OMB
Control No. 1557–0204).
Type of Review: Regular.
Affected Public: Individuals or
households; Businesses or other forprofit.
Estimated Number of Respondents:
3,715.
Estimated Total Annual Responses:
3,715.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
12,533 hours.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval. All comments will become a
matter of public record. Comments are
invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
has practical utility;
(b) The accuracy of the OCC’s
estimate of the burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
Dated: July 28, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2017–16381 Filed 8–2–17; 8:45 am]
BILLING CODE 4810–33–P
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Last name
PAMELA ...........................................................
ANTOINE .........................................................
STEVEN ...........................................................
MARC ...............................................................
EBTEHAL .........................................................
ELAFF ..............................................................
ENAS ...............................................................
ABDULLAH ......................................................
MUSTAFA.
INGE ................................................................
LIANNE.
LYNNE .............................................................
SAMANTHA .....................................................
NORA.
RONNY.
ADEEL .............................................................
HEINZ ..............................................................
FRANCESCO ...................................................
MICHAEL .........................................................
SALAH .............................................................
SETTAH ...........................................................
RENEE .............................................................
ALI ....................................................................
JASMINE.
NANCY .............................................................
HENRY .............................................................
MOHAMMAD ...................................................
ABDULA.
HUSSEIN .........................................................
HEATHER.
VICTORIA ........................................................
ANDREW .........................................................
NATHANIEL .....................................................
MASOOR.
SULTAN ...........................................................
ABDULAZIZ .....................................................
OMAR ..............................................................
SALEH .............................................................
LATIFAH ..........................................................
BADR ...............................................................
MOHAMMED ...................................................
JASSIM ............................................................
BERTRAND .....................................................
ESAM ...............................................................
Internal Revenue Service
Quarterly Publication of Individuals,
Who Have Chosen To Expatriate, as
Required by Section 6039G
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice.
AGENCY:
This notice is provided in
accordance with IRC section 6039G of
the Health Insurance Portability and
Accountability Act (HIPPA) of 1996, as
amended. This listing contains the name
of each individual losing United States
citizenship (within the meaning of
section 877(a) or 877A) with respect to
whom the Secretary received
information during the quarter ending
June 30, 2017. For purposes of this
listing, long-term residents, as defined
in section 877(e)(2), are treated as if they
were citizens of the United States who
lost citizenship.
SUMMARY:
First name
ABBUEHL BURKE .............................................
ABCHEE .............................................................
ABERG ...............................................................
ABROMOWICZ ..................................................
ABUDAWOOD ....................................................
ABUDAWOOD ....................................................
ABUDAWOOD ....................................................
ABUSAQ .............................................................
ACIKYUREK .......................................................
ADAMA ...............................................................
ADAMOPOULOS ...............................................
ADAMS ...............................................................
ADAMS ...............................................................
ADHAMI ..............................................................
AERTS ................................................................
AHAMED ............................................................
AHLBORN ..........................................................
AIELLO ...............................................................
AITKEN ...............................................................
AJLAN ................................................................
AL-ATHEL ..........................................................
ALBERS-HOUDE ...............................................
AL-DHAHERI ......................................................
ALEXANDRA ......................................................
ALFRED .............................................................
ALGERA .............................................................
ALJALAJEL ........................................................
AL-KASSABI .......................................................
ALKHABORI .......................................................
ALLEN ................................................................
ALLEN ................................................................
ALLERBY ...........................................................
ALLRED ..............................................................
AL-MANSOOR ...................................................
AL-MAZROA .......................................................
ALMOALLIM .......................................................
ALMOALLIM .......................................................
ALSANEI ............................................................
ALSUDIRI ...........................................................
AL-SULAIMAN ....................................................
AL-SURF ............................................................
AL-THANI ...........................................................
ALTMAYER ........................................................
ALTUWAIJRI ......................................................
DEPARTMENT OF THE TREASURY
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Middle name/initials
SUE
BERNARD
NOWLIN
RICHARD HEINRICH
ANAS
ANAS
ANAS
HUSSAIN
MARCHIA
ROBERTS
ZOE
AZIZDIN
GERHARD
LUIGI
JAMES
SALIH
FAHAD
CHRISTEL
OBAID
JEAN
FREDERICK
ABDULRAHMAN
SALEEM JAWAD
MARY
J.
CHARLES
SULIMAN
MAZIN
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[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Notices]
[Pages 36185-36188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16381]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Revision; Comment Request; Comptroller's Licensing Manual
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Notice and request for comment.
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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other federal
agencies to take this opportunity to comment on an information
collection revision, as required by the Paperwork Reduction Act of 1995
(PRA).
An agency may not conduct or sponsor, and a respondent is not
required to respond to, an information collection unless it displays a
currently valid Office of Management and Budget (OMB) control number.
The OCC is soliciting comment concerning a revision to its
information collection titled, ``Comptroller's Licensing Manual.''
DATES: You should submit written comments by October 2, 2017.
ADDRESSES: Because paper mail in the Washington, DC area and at the
OCC is subject to delay, commenters are encouraged to submit comments
by email, if possible. Comments may be sent to: Legislative and
Regulatory Activities Division, Office of the Comptroller of the
Currency, Attention: 1557-0014, 400 7th Street SW., Suite 3E-218,
Washington, DC 20219. In addition, comments may be sent by fax to (571)
465-4326 or by electronic mail to regs.comments@occ.treas.gov. You may
personally inspect and photocopy comments at the OCC, 400 7th Street
SW., Washington, DC 20219. For security reasons, the OCC requires that
visitors make an appointment to inspect comments. You may do so by
calling (202) 649-6700 or, for persons who are deaf or hard of hearing,
(202) 649-5597. Upon arrival, visitors will be required to present
valid government-issued photo identification and submit to security
screening in order to inspect and photocopy comments.
All comments received, including attachments and other supporting
materials, are part of the public record and subject to public
disclosure. Do not include any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance
Officer, (202) 649-5490 or, for persons who are deaf or hard of
hearing, (202) 649-5597, Legislative and Regulatory Activities
Division, Office of the Comptroller of the Currency, 400 7th Street
SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal
agencies must obtain prior approval from OMB for each collection of
information that they conduct or sponsor. ``Collection of information''
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency
requests or requirements that members of the public submit reports,
keep records, or provide information to a third party. Section
3506(c)(2)(A) of title 44 requires federal agencies to publish a 60-day
notice in the Federal Register concerning each proposed collection of
information, including each proposed extension or revision of an
existing collection of information, before submitting the collection to
OMB for approval. To comply with this requirement, the OCC is
publishing notice of this revised collection of information.
The changes to this information collection include revisions to
four interagency forms,\1\ which are being made in conjunction with the
Board of Governors of the Federal Reserve System and the Federal
Deposit Insurance Corporation. Those agencies will issue a separate
joint Federal Register notice before or shortly after this notice. The
OCC is issuing its own notice so that it may renew its entire
collection.
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\1\ Interagency Bank Merger Act, Interagency Biographical and
Financial Report, Interagency Notice of Change in Control, and
Interagency Notice of Change in Director or Senior Executive
Officer.
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[[Page 36186]]
The OCC is requesting that OMB extend approval of this collection
as revised. The entire collection is discussed in detail in the
``Description'' section, followed by a section highlighting the
revisions.
Title: Comptroller's Licensing Manual.
OMB Control No.: 1557-0014.
Description: The information collection requirements ensure that
national banks and federal savings associations (FSA) (hereafter
``bank'' or ``banks'') conduct their operations in a safe and sound
manner and in accordance with applicable federal banking statutes and
regulations. The information is necessary for regulatory and
examination purposes.
The Comptroller's Licensing Manual (Manual) sets forth the OCC's
policies and procedures for the formation of a national bank or federal
branch or agency, entry into the federal banking system by other
institutions, and corporate expansion and structural changes by
existing banks. The Manual includes sample documents to assist the
applicant in understanding the types of information the OCC needs in
order to process a filing. An applicant may use the format of the
sample documents or any other format that provides sufficient
information for the OCC to act on a particular filing, including the
OCC's electronic filing system, the Central Application Tracking
System.
The Manual includes requirements for the following corporate
filings:
Interagency Biographical and Financial Report--OCC
regulations require the OCC to perform background investigations on
proposed organizers, executive officers, directors, and principal
shareholders of banks to determine if they have the experience,
competence, integrity, character, financial ability, and willingness to
direct or lead a bank's affairs in a safe, sound, and legal manner. 12
CFR 5.20, 5.50, 5.51, and 163.33; 28 CFR 16.34, and 20.33.
Public Notice and Comments--OCC regulations require an
applicant to publish a public notice of its filing in a newspaper of
general circulation in the community in which the applicant proposes to
engage in business. 12 CFR 5.8, 5.9, 5.10, 5.11, and 5.50.
Charter--OCC must approve the establishment of a bank. The
application includes a business plan and an oath of a bank director. 12
CFR 5.20 and 7.2008.
All federally-chartered savings associations are required
to file and receive prior approval for certain changes to their charter
and/or bylaws. The charter and bylaws of an insured FSA are formal
documents created when a savings association establishes its corporate
existence. The charter states the scope, purpose, and duration for the
corporate entity. 12 CFR 5.20, 5.21, 5.22, 5.25, and 5.33.
Banker's Bank--OCC regulations require that a banker's
bank seeking a waiver of a statutory provision must request the waiver
in a letter to the OCC. The letter must include information on why the
waiver is requested and supporting legal analysis. 12 CFR 5.20.
Conversions--Institutions must request OCC permission to
convert to a bank. OCC regulations require that a converting financial
institution provide information related to its request to convert its
charter. 12 CFR 5.23 and 5.24.
Federal Branches and Agencies--OCC regulations require
that a foreign bank desiring to establish a federal branch or agency
file an application or notice with the OCC. 12 CFR 5.70; 12 CFR part
28.
Branches and Relocations--A bank must obtain prior
approval or give notice to the OCC to establish, acquire, or relocate a
main office or branch. 12 CFR 5.30, 5.31, 5.40, 5.52, and 145.92; 36
CFR 800.1 et seq.; 40 CFR 1500.1 et seq.
Business Combinations and Failure Acquisitions--OCC
approval is required for any merger, corporate reorganization, or
acquisition of a failed institution that will result in a bank. 12 CFR
5.32 and 5.33.
Fiduciary Powers--OCC approval is required for a bank to
exercise fiduciary powers. The request letter represents the bank's
conformity with the governing statute and its commitment to retain
qualified trust management. Additionally, a bank shall file a notice
after opening a trust office in a state other than its home office
state. 12 CFR 5.26.
Operating Subsidiaries--OCC regulations require that a
bank obtain OCC approval prior to establishing, acquiring, or
performing new activities in an operating subsidiary. In certain
instances, a national bank may file a notice after commencing an
operating subsidiary activity. 12 CFR 5.34, 5.38, 5.39, and 5.58.
Financial Subsidiaries--A national bank must obtain the
approval of the OCC prior to acquiring control of, or holding an
interest in, a financial subsidiary, and prior to commencing a new
activity in an existing subsidiary. A national bank that intends to
acquire control of, or hold an interest in, a financial subsidiary, or
to commence a new activity in an existing financial subsidiary, may
obtain OCC approval through filing a certification with subsequent
notice or a combined certification and notice. 12 CFR 5.39.
Bank Service Companies--OCC regulations require that a
bank notify the OCC prior to its investment in certain bank service
companies. 12 CFR 5.35.
Investments--OCC regulations require a national bank that
wishes to invest in an agricultural credit corporation, an eligible
savings association, or any other equity investment authorized by
statute after February 12, 1990, to provide notice to the appropriate
OCC district office. The regulation also requires that a national bank
or a federal branch making a non-controlling investment, directly or
through an operating subsidiary, file a written notice or application.
The regulations further require an FSA making a pass-through
investment, directly or through its operating subsidiary, to file an
after-the-fact notice or an application. 12 CFR 5.36 and 5.58.
Thrift Service Corporations--OCC regulations require that
an FSA obtain OCC approval prior to establishing or acquiring a
subsidiary or performing new activities in a thrift service
corporation. 12 CFR 5.59.
Annual Report--The OCC requires that each national bank
prepare an annual report as of December 31 on its operating
subsidiaries and file the report by January 31 of the following year.
12 CFR 5.34.
Branch Closings--Federal law requires a bank to notify the
OCC if it closes a branch or if it converts a brick and mortar branch
to an ATM branch. 12 U.S.C. 1831r-1.
Termination of National Bank or FSA Charter--OCC
regulations require a bank to notify the OCC of its intent to
voluntarily liquidate, merge out, or convert out of the bank charter.
12 CFR 5.25, 5.33(k), and 5.48.
Capital and Dividends; Subordinated Debt--OCC regulations
require that a bank obtain OCC approval or, in some cases, provide
notice to the OCC in connection with a change in equity capital, an
issuance or prepayment of subordinated debt, and the payment of
dividends under certain circumstances. The applications are titled,
``Increase in Permanent Capital,'' ``Reduction of Permanent Capital/
Dividends Payable in Property Other Than Cash,'' ``Reverse Stock
Split,'' ``Quasi-Reorganization,'' ``Reduction of Permanent Capital and
Capital Distribution,'' ``Issuance of Subordinated Debt,'' and
``Prepayment of Subordinated Debt.'' 12 CFR 5.45, 5.46, 5.47, 5.55,
5.56, 5.60, 5.61, 5.62, 5.63, 5.64, 5.65, 5.66, and 5.67.
[[Page 36187]]
Change in Control--Any individual, group, or company that
proposes to acquire control of a bank must submit prior notice of that
intent to the OCC. 12 CFR 5.50.
Change in Senior Executive Officer and Director--Whenever
a change in control occurs, the bank must promptly report to the
appropriate federal banking agency any changes or replacements of its
senior executive officer or of any director occurring in the next 12-
month period. Also, prior notice and approval is required for any
additions to the board of directors or senior executive officers if:
The bank is not in compliance with minimum capital requirements; is
otherwise in troubled condition; or after OCC review of the plan
required under section 38 of the Federal Deposit Insurance Act, the OCC
determines that prior notice is appropriate. 12 CFR 5.50(h) and 5.51.
Director Waivers--Every national bank director must be a
citizen of the United States and a majority of the national bank
directors must reside in the state where the bank is located. The OCC
may waive the requirement of citizenship for not more than a minority
of the total number of directors and the residency requirement for a
majority or all of the directors. A national bank may file a letter
requesting a waiver of the citizenship or residency requirements. See
12 U.S.C. 72.
Change of Corporate Title and Address--OCC regulations
require a bank that changes its corporate title or address to inform
the OCC of that change. 12 CFR 5.42 and 5.52.
Management Interlocks--Banks may apply to the OCC for
exemption from the prohibitions on management interlocks that would not
result in a monopoly or substantial lessening of competition and would
not present safety and soundness concerns. 12 CFR 26.6.
Customer Satisfaction Survey--This survey information is
collected as part of the OCC's quality assurance program.
Substantial Asset Change--OCC regulations require a bank
to obtain prior written approval: For a change in the composition of
all, or substantially all, of the bank's assets either through the sale
or other disposition of assets; once having disposed of all or
substantially all the assets, to reactivate its operations through the
subsequent purchase, acquisition, or other expansion of its operations;
for any other purchases, acquisitions or other expansions of operations
that are part of a plan to increase the size of the bank by more than
25 percent in a one year period; for any other material increase or
decrease in the size of the bank or a material alteration in the
composition of the types of assets or liabilities of the bank; or for
any change in the purpose of the bank's charter. 12 CFR 5.53.
Changes to the Information Collection
The following were updated, with burden increases only: Interagency
Notice of Change in Control, Interagency Biographical and Financial
Report, and Interagency Bank Merger Act Application.
The following forms were updated with minor edits:
Application Amendments--Updated to remove reference to
``CAIS.''
Authorization for Release of Information/Consent Form for
Background Investigations--Updated to make language more clear, in
compliance with the Fair Credit Reporting Act.
Branches Requiring Authorization--Removed references to
``OTS.''
Change of Address--Added a missing check box for change in
address of a branch.
Other Equity Investments or Pass-Through Investments--
Corrected a typographical error.
Individual Oath of FSA Director--Updated to correct
typographical errors.
Reduction of Permanent Capital/Dividends Payable in
Property Other Than Cash--12 CFR 5.66 requires national banks to obtain
approval before paying a dividend-in-kind. Previous revisions to the
form inadvertently omitted applicability of the form for this use.
Interagency Notice of Change in Director or Senior
Executive Officer--Minor updates and further clarification of
instructions and requirements.
The following forms were updated to clarify the information
requested:
Increase in Permanent Capital Notice--Generally an FSA is
not required to apply for an increase in capital unless the method of
increase itself requires a filing (such as issuance of a new class of
stock). However, in certain circumstances, a federal stock savings
association is required to submit an application and obtain OCC
approval. National banks are required to give notice and receive OCC
certification.
Interagency Biographical and Financial Report--Minor
updates and further clarification of instructions and requirements.
Includes additional questions typically asked during the application
review process, such as information on lawsuits, suspensions, tax
obligations, and liabilities.
Interagency Notice of Change in Control--Minor updates and
further clarification of instructions and requirements. Includes
additional questions typically asked during the application review
process, such as information on non-voting shares, and whether the
applicant is joining an existing group acting in concert.
Interagency Bank Merger Act--Updated to reflect new
requirements under the Dodd-Frank Act, or otherwise necessary to
evaluate statutory factors, as well as additional questions typically
asked during the application review process. Requests financial
projections for three years versus the current one year.
The following forms were updated to delete requirements:
Citizenship and Residency Waivers--Removed applicability
to FSAs and clarified that only the biographical portion of the form is
required.
Commencement of Fiduciary Activities Notice, Fiduciary
Powers After-the-Fact-Notice, Fiduciary Powers Application, and
Surrender of Fiduciary Powers Notice--Removed requirement for a bank
seal.
Additional Requested Items
The following are additions to the collection that capture existing
requirements:
Conversion to National Bank Completion Certification and
Conversion to FSA Completion Certification--Certification is submitted
to indicate that all steps required to convert to a bank were taken,
including execution of all documents required for organization,
requisite shareholder or member approval, board of directors
authorization, and adoption of bylaws. Upon receipt of the
certification, the OCC issues the institution a new charter.
Reduction of Permanent Capital and Capital Distribution--
Under 12 CFR 5.55, FSAs are required to obtain OCC approval before
issuing a capital distribution under certain circumstances. The request
is reviewed to determine whether the FSA's request is in accordance
with existing statutory and regulatory criteria. The reporting
requirements were previously included in OTS Form 1583. The new form
was approved under OMB Control No. 1557-0338 and later merged into OMB
Control No. 1557-0014.
Transfer of a Collection
Investment in Bank Premises--OCC regulations require a bank to
obtain prior approval whenever an investment in bank premises will
cause the total investment in bank premises to exceed the amount of the
bank's capital stock,
[[Page 36188]]
unless the bank is eligible for the premises notice process set forth
in 12 CFR 5.37(d)(3). 12 CFR 5.37(d)(1) and 7.1000(c). This item has
been merged into the collection covering part 7 (OMB Control No. 1557-
0204).
Type of Review: Regular.
Affected Public: Individuals or households; Businesses or other
for-profit.
Estimated Number of Respondents: 3,715.
Estimated Total Annual Responses: 3,715.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 12,533 hours.
Comments submitted in response to this notice will be summarized
and included in the request for OMB approval. All comments will become
a matter of public record. Comments are invited on:
(a) Whether the collection of information is necessary for the
proper performance of the functions of the OCC, including whether the
information has practical utility;
(b) The accuracy of the OCC's estimate of the burden of the
collection of information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection on respondents,
including through the use of automated collection techniques or other
forms of information technology; and
(e) Estimates of capital or startup costs and costs of operation,
maintenance, and purchase of services to provide information.
Dated: July 28, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2017-16381 Filed 8-2-17; 8:45 am]
BILLING CODE 4810-33-P
