Agency Information Collection Activities; Submission for OMB Review; Comment Request Concerning the Interagency Bank Merger Act Application, 35155-35157 [05-11925]
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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices
• Is there a gap in understanding ILI
tool data submitted by vendors of this
technology?
• Do ILI technology vendors educate
their clients about the limitations of the
tool being recommended for the
application?
• What defect detection and report
criteria are used? Is it developed jointly
by the vendor and the pipeline
operator?
• How are tool defect identification
tolerances applied in reported criteria?
• Is there a formal detection,
validation, and mitigation process used
to evaluate defects? How is it
communicated to the pipeline operator?
• What process is used to arrive at the
number of confirmatory digs to
corroborate the data extracted by the ILI
device?
• Are the standards developed for ILI
technology appropriate for the current
state ILI deployment? Does the guidance
meet the needs of the large or small
pipeline operator who is the first-time
user of such technology?
OPS expects at this public meeting to
inform on the following:
• The technique and criteria used to
report defects;
• Information exchange between the
ILI vendor and pipeline operator during
the secondary and tertiary stages of flaw
characterization;
• The currency and adequacy of
performance standards for vendors of
assessment technologies;
• Sufficiency and relevance of
performance standards for ILI
assessment technology; and
• Stages in data discrimination:
Detection, validation, and mitigation.
Issued in Washington, DC, on June 10,
2005.
Joy Kadnar,
Director of Engineering and Emergency
Support, Office of Pipeline Safety.
[FR Doc. 05–11866 Filed 6–15–05; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Docket No. AB–70 (Sub-No. 5X]
Florida East Coast Railway, L.L.C.—
Abandonment Exemption—in Brevard
County, FL
Florida East Coast Railway, L.L.C.
(FEC) has filed a notice of exemption
under 49 CFR 1152 Subpart F—Exempt
Abandonments to abandon a 9.8-mile
line of railroad known as the Titusville
Branch, extending from milepost TB 0.0
in Titusville to milepost TB 9.8 in
Aurantia, in Brevard County, FL. The
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line traverses United States Postal
Service Zip Codes 32754 and 32796.
FEC has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
traffic to be rerouted; (3) no formal
complaint filed by a user of rail service
on the line (or by a State or local
government entity acting on behalf of
such user) regarding cessation of service
over the line, either is pending with the
Board or with any U.S. District Court or
has been decided in favor of
complainant within the 2-year period;
and (4) the requirements at 49 CFR
1105.7 (environmental reports), 49 CFR
1105.8 (historic reports), 49 CFR
1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and
49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line R. Co.—
Abandonment—Goshen, 360 I.C.C. 91
(1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on July 16,
2005, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by June 27,
2005. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by July 6, 2005,
with the Surface Transportation Board,
1925 K Street, NW., Washington, DC
20423–0001.
A copy of any petition filed with the
Board should be sent to FEC’s
representative: Marlene Hammock,
Assistant Secretary, Florida East Coast
Railway, L.C.C., One Malaga Street, St.
Augustine, FL 32085–1048.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
FEC has filed an environmental and
historic report which addresses the
abandonment’s effects, if any, on the
environment and historic resources.
SEA will issue an environmental
assessment (EA) by June 21, 2005.
Interested persons may obtain a copy of
the EA by writing to SEA (Room 500,
Surface Transportation Board,
Washington, DC 20423–0001) or by
calling SEA, at (202) 565–1539.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at 1–
800–877–8339.] Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), FEC shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
FEC’s filing of a notice of consummation
by June 16, 2006, and there are no legal
or regulatory barriers to consummation,
the authority to abandon will
automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Section of
Environmental Analysis (SEA) in its independent
investigation) cannot be made before the
exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any
request for a stay should be filed as soon as possible
so that the Board may take appropriate action before
the exemption’s effective date.
2 Each OFA must be accompanied by the filing
fee, which currently is set at $1,200. See 49 CFR
1002.2(f)(25).
Office of Thrift Supervision
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Decided: June 6, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–11640 Filed 6–15–05; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request
Concerning the Interagency Bank
Merger Act Application
Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
AGENCIES:
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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices
System (Board); Federal Deposit
Insurance Corporation (FDIC); and
Office of Thrift Supervision (OTS),
Treasury.
ACTION: Notice of information
collections to be submitted to OMB for
review and approval under the
Paperwork Reduction Act of 1995.
SUMMARY: In accordance with
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the OCC, Board, FDIC, and OTS
(Agencies) hereby give notice that they
plan to submit to the Office of
Management and Budget (OMB) a
request for OMB review and approval of
the information collection systems
described below.
DATES: Comments must be submitted on
or before July 18, 2005.
ADDRESSES: Interested parties are
invited to submit comments to any or all
of the Agencies. All comments, which
should refer to the OMB control
number, will be shared among the
Agencies:
OCC: Comments should be sent to
Communications Division, Office of the
Comptroller of the Currency, Public
Information Room, Mailstop 1–5,
Attention: 1557–0014, 250 E Street,
SW., Washington, DC 20219. In
addition, comments may be sent by fax
to (202) 874–4448, or by electronic mail
to regs.comments@occ.treas.gov. You
can inspect and photocopy the
comments at the OCC’s Public
Information Room, 250 E Street, SW.,
Washington, DC 20219. You can make
an appointment to inspect the
comments by calling (202) 874–5043.
Board: You may submit comments,
identified by FR 2070; OMB No. 7100–
0171, by any of the following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments
on the https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
regs.comments@federalreserve.gov.
Include docket number in the subject
line of the message.
• FAX: 202/452–3819 or 202/452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
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15:42 Jun 15, 2005
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except as necessary for technical
reasons. Accordingly, your comments
will not be edited to remove any
identifying or contact information.
Public comments may also be viewed
electronically or in paper in Room MP–
500 of the Board’s Martin Building (20th
and C Streets, NW.) between 9 a.m. and
5 p.m. on weekdays.
FDIC: All comments should refer to
‘‘Bank Merger Application, 3064–0015.’’
Comments may be submitted by any of
the following methods:
• https://www.FDIC.gov/regulations/
laws/federal/propose.html.
• E-mail: comments@fdic.gov.
Include ‘‘Bank Merger Application,
3064–0015.’’ in the subject line of the
message.
• Mail: Gary A. Kuiper
(202.942.3824), Counsel, Federal
Deposit Insurance Corporation,
PA1730–3000, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 550 17th Street Building
(located on F Street), on business days
between 7 a.m. and 5 p.m.
OTS: You may submit comments to
Information Collection Comments, Chief
Counsel’s Office, Office of Thrift
Supervision, ATTN: 1550–0016, 1700 G
Street, NW., Washington, DC 20552;
send a facsimile transmission to (202)
906–6518; or send an e-mail to
infocollection.comments@ots.treas.gov.
OTS will post comments and the related
index on the OTS Internet Site at
https://www.ots.treas.gov. In addition,
interested persons may inspect
comments at the Public Reading Room,
1700 G Street, NW., by appointment. To
make an appointment, call (202) 906–
5922, send an e-mail to
publicinfo@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755.
A copy of the comments should also
be submitted to the OMB desk officer for
the agencies: Mark Menchik, Office of
Information and Regulatory Affairs,
Office of Management and Budget, New
Executive Office Building, Room 3208,
Washington, DC 20503, or by electronic
mail to mmenchik@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: You
may request additional information
from:
OCC: Mary Gottlieb, OCC Clearance
Officer, (202) 874–4824, or Camille
Dixon, (202) 874–5090, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219. For
subject matter information, you may
contact Cheryl Martin at (202) 874–
4614, Licensing Activities Division,
PO 00000
Frm 00095
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Sfmt 4703
Office of the Comptroller of the
Currency, 250 E Street, SW.,
Washington, DC 20219.
Board: Michelle Long, Federal
Reserve Board Clearance Officer, (202)
452–3829, Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, 20th and C
Streets, NW., Washington, DC 20551.
Telecommunications Device for the Deaf
(TDD) users may contact Capria
Mitchell, (202) 872–4984, Board of
Governors of the Federal Reserve
System, 20th and C Streets, NW.,
Washington, DC 20551.
FDIC: Gary A. Kuiper, Counsel, (202)
942–3824, Federal Deposit Insurance
Corporation, PA1730–3000, 550 17th
Street, NW., Washington, DC 20429.
OTS: Marilyn K. Burton, OTS
Clearance Officer, (202) 906–6467;
Frances C. Augello, Senior Counsel,
Business Transactions Division, (202)
906–6151; or Patricia D. Goings,
Regulatory Analyst, Examination Policy,
(202) 906–5668, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552.
SUPPLEMENTARY INFORMATION: Proposal
to extend for three years, with
clarifications, the following currently
approved collection of information:
FRB, FDIC, and OTS Report Title:
Interagency Bank Merger Act
Application.
OCC Title: Comptroller’s Licensing
Manual (Manual). The specific portions
of the Manual covered by this notice are
those that pertain to clarifying changes
to the instructions.
OMB Numbers:
OCC: 1557–0014.
Board: 7100–0171.
FDIC: 3064–0015.
OTS: 1550–0016.
Form Numbers:
OCC: None.
Board: FR 2070.
FDIC: None.
OTS: 1639.
Affected Public: Individuals or
households; businesses or other forprofit.
Type of Review: Review of a currently
approved collection.
Estimated Number of Respondents:
OCC: Nonaffiliate—90; Affiliate—106.
Board: Nonaffiliate—62; Affiliate—18.
FDIC: Nonaffiliate—190; Affiliate—
172.
OTS: Nonaffiliate—16; Affiliate—0.
Frequency of Response: On occasion.
Estimated Annual Burden Hours per
Response:
OCC: Nonaffiliate—30; Affiliate—18.
Board: Nonaffiliate—30; Affiliate—18.
FDIC: Nonaffiliate—30; Affiliate—18.
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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices
OTS: Nonaffiliate—30; Affiliate—18.
Estimated Total Annual Burden
Hours:
OCC: Nonaffiliate—2,700; Affiliate—
1,908. Total: 4,608 burden hours.
Board: Nonaffiliate—1,860; Affiliate—
324. Total: 2,184 burden hours.
FDIC: Nonaffiliate—5,700; Affiliate—
3,096. Total: 8,796 burden hours.
OTS: Nonaffiliate—480; Affiliate—0.
Total: 480 burden hours.
General Description of Report: This
information collection is mandatory. 12
U.S.C. 1828(c) (OCC, FDIC, and OTS),
and 12 U.S.C. 321, 1828(c), and 4804
(Board). Except for select sensitive
items, this information collection is not
given confidential treatment. Small
businesses, that is, small institutions,
are affected.
Abstract: This submission covers a
renewal of the Agencies’ merger
application form, which may include
clarified instructions for both affiliated
and nonaffiliated institutions. The
Agencies need the information to ensure
that the proposed transactions are
permissible under law and regulation
and are consistent with safe and sound
banking practices. The Agencies are
required, under the Bank Merger Act, to
consider financial and managerial
resources, future prospects, convenience
and needs of the community,
community reinvestment, competition,
bank secrecy, and anti-money
laundering efforts.
Some agencies collect limited
supplemental information in certain
cases. For example, the OCC and OTS
collect information regarding CRA
commitments; the Federal Reserve
collects information on debt servicing
from certain institutions; and the FDIC
requires additional information on the
competitive impact of proposed
mergers.
Current Actions: On March 30, 2005,
the Agencies published in the Federal
Register (70 FR 16331) a notice on the
proposed clarifications to this
information collection. The comment
period expired on May 31, 2005. The
Agencies received no public comments,
and each Agency is now submitting its
request to OMB for approval of this
information collection, as proposed.
The General Information and
Instructions section of the merger
application form would be modified to
clarify the first subsection (Preparation
and Use), which explains more clearly
the range of merger transactions that
may require use of the application. The
remaining clarifications include a new
paragraph in the Preparation and Use
subsection noting that applications must
be submitted to the appropriate
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15:42 Jun 15, 2005
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regulatory agency. Also, a new
Compliance subsection would inform
applicants of compliance expectations
and of the potential that some very large
transactions may be subject to the HartScott-Rodino Antitrust Improvement
Act. These additional paragraphs, which
would provide further practical advice
that is generally included in the other
recently approved interagency forms,
are intended to highlight certain
elements of the applications process to
prevent confusion or delay, and add no
additional burden.
The Federal Reserve approved
extending for three years, with minor
revisions, its current supplemental
form. The two revisions are intended to
facilitate the applications review
process and provide further practical
guidance to the applicant. The first
revision recognizes the possible need of
biographical or financial information
from any individual that, as a
consequence of the proposed
transaction, becomes a new principal,
shareholder, director, or senior
executive officer of a state member
bank. While all of the Agencies agree
that a significant change in management
or ownership must be evaluated under
the statutory factors of the Bank Merger
Act, they have elected to deal with this
information need on a case-by-case
basis. The second revision eliminates
the need for any formal certification
from a target institution. This
certification is unique to the bank
merger application, and is not
specifically required by the Bank Merger
Act. As the FRB generally waives this
requirement if objected to by the target
institution and as the applicant is the
party to which bank merger authority is
granted, the FRB believes that only the
applicant need provide the requested
certification. The other agencies believe
that the target institution should certify
to the accuracy of the information and
that the institutions will notify the
agency if any material changes occur
prior to a decision. Also, the target
institution certifies that any
communications with the agency do not
constitute a contract.
Comments: No comments were
received in response to the first notice.
Comments submitted in response to this
second notice will be analyzed to
determine the extent to which the
instructions for the collection should be
modified. All comments will become a
matter of public record.
Written comments are invited on:
a. Whether the information collection
is necessary for the proper performance
of the Agencies’ functions, and how the
instructions can be clarified so that
PO 00000
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35157
information gathered has more practical
utility;
b. The accuracy of the Agencies’
estimates of the burden of the
information collection, including the
validity of the methodology and
assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of the
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
e. Estimates of capital or start up costs
and costs of operation, maintenance,
and purchase of services to provide
information.
Dated: June 13, 2005.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
Dated: June 8, 2005.
By order of the Board of Governors of the
Federal Reserve System,
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 13th day of
June, 2005.
Robert E. Feldman,
Executive Secretary, Federal Deposit
Insurance Corporation.
Dated: June 10, 2005.
By the Office of Thrift Supervision.
Richard M. Riccobono,
Acting Director.
[FR Doc. 05–11925 Filed 6–15–05; 8:45 am]
BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P,
6720–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[REG–124667–02, EE–35–85]
Proposed Collection; Comment
Request for Regulation Project
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The Department of the
Treasury, 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 proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning existing
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Agencies
[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Notices]
[Pages 35155-35157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Agency Information Collection Activities; Submission for OMB
Review; Comment Request Concerning the Interagency Bank Merger Act
Application
AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury;
Board of Governors of the Federal Reserve
[[Page 35156]]
System (Board); Federal Deposit Insurance Corporation (FDIC); and
Office of Thrift Supervision (OTS), Treasury.
ACTION: Notice of information collections to be submitted to OMB for
review and approval under the Paperwork Reduction Act of 1995.
-----------------------------------------------------------------------
SUMMARY: In accordance with requirements of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the OCC, Board, FDIC, and OTS
(Agencies) hereby give notice that they plan to submit to the Office of
Management and Budget (OMB) a request for OMB review and approval of
the information collection systems described below.
DATES: Comments must be submitted on or before July 18, 2005.
ADDRESSES: Interested parties are invited to submit comments to any or
all of the Agencies. All comments, which should refer to the OMB
control number, will be shared among the Agencies:
OCC: Comments should be sent to Communications Division, Office of
the Comptroller of the Currency, Public Information Room, Mailstop 1-5,
Attention: 1557-0014, 250 E Street, SW., Washington, DC 20219. In
addition, comments may be sent by fax to (202) 874-4448, or by
electronic mail to regs.comments@occ.treas.gov. You can inspect and
photocopy the comments at the OCC's Public Information Room, 250 E
Street, SW., Washington, DC 20219. You can make an appointment to
inspect the comments by calling (202) 874-5043.
Board: You may submit comments, identified by FR 2070; OMB No.
7100-0171, by any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments on the https://
www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. E-mail:
regs.comments@federalreserve.gov. Include docket number in the subject
line of the message.
FAX: 202/452-3819 or 202/452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's Web site at
https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, except as necessary for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information. Public comments may also be viewed electronically or in
paper in Room MP-500 of the Board's Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m. on weekdays.
FDIC: All comments should refer to ``Bank Merger Application, 3064-
0015.'' Comments may be submitted by any of the following methods:
https://www.FDIC.gov/regulations/laws/federal/propose.html.
E-mail: comments@fdic.gov. Include ``Bank Merger
Application, 3064-0015.'' in the subject line of the message.
Mail: Gary A. Kuiper (202.942.3824), Counsel, Federal
Deposit Insurance Corporation, PA1730-3000, 550 17th Street, NW.,
Washington, DC 20429.
Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 550 17th Street Building (located on F
Street), on business days between 7 a.m. and 5 p.m.
OTS: You may submit comments to Information Collection Comments,
Chief Counsel's Office, Office of Thrift Supervision, ATTN: 1550-0016,
1700 G Street, NW., Washington, DC 20552; send a facsimile transmission
to (202) 906-6518; or send an e-mail to
infocollection.comments@ots.treas.gov. OTS will post comments and the
related index on the OTS Internet Site at https://www.ots.treas.gov. In
addition, interested persons may inspect comments at the Public Reading
Room, 1700 G Street, NW., by appointment. To make an appointment, call
(202) 906-5922, send an e-mail to publicinfo@ots.treas.gov, or send a
facsimile transmission to (202) 906-7755.
A copy of the comments should also be submitted to the OMB desk
officer for the agencies: Mark Menchik, Office of Information and
Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 3208, Washington, DC 20503, or by electronic mail
to mmenchik@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: You may request additional information
from:
OCC: Mary Gottlieb, OCC Clearance Officer, (202) 874-4824, or
Camille Dixon, (202) 874-5090, Legislative and Regulatory Activities
Division, Office of the Comptroller of the Currency, 250 E Street, SW.,
Washington, DC 20219. For subject matter information, you may contact
Cheryl Martin at (202) 874-4614, Licensing Activities Division, Office
of the Comptroller of the Currency, 250 E Street, SW., Washington, DC
20219.
Board: Michelle Long, Federal Reserve Board Clearance Officer,
(202) 452-3829, Division of Research and Statistics, Board of Governors
of the Federal Reserve System, 20th and C Streets, NW., Washington, DC
20551. Telecommunications Device for the Deaf (TDD) users may contact
Capria Mitchell, (202) 872-4984, Board of Governors of the Federal
Reserve System, 20th and C Streets, NW., Washington, DC 20551.
FDIC: Gary A. Kuiper, Counsel, (202) 942-3824, Federal Deposit
Insurance Corporation, PA1730-3000, 550 17th Street, NW., Washington,
DC 20429.
OTS: Marilyn K. Burton, OTS Clearance Officer, (202) 906-6467;
Frances C. Augello, Senior Counsel, Business Transactions Division,
(202) 906-6151; or Patricia D. Goings, Regulatory Analyst, Examination
Policy, (202) 906-5668, Office of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION: Proposal to extend for three years, with
clarifications, the following currently approved collection of
information:
FRB, FDIC, and OTS Report Title: Interagency Bank Merger Act
Application.
OCC Title: Comptroller's Licensing Manual (Manual). The specific
portions of the Manual covered by this notice are those that pertain to
clarifying changes to the instructions.
OMB Numbers:
OCC: 1557-0014.
Board: 7100-0171.
FDIC: 3064-0015.
OTS: 1550-0016.
Form Numbers:
OCC: None.
Board: FR 2070.
FDIC: None.
OTS: 1639.
Affected Public: Individuals or households; businesses or other
for-profit.
Type of Review: Review of a currently approved collection.
Estimated Number of Respondents:
OCC: Nonaffiliate--90; Affiliate--106.
Board: Nonaffiliate--62; Affiliate--18.
FDIC: Nonaffiliate--190; Affiliate--172.
OTS: Nonaffiliate--16; Affiliate--0.
Frequency of Response: On occasion.
Estimated Annual Burden Hours per Response:
OCC: Nonaffiliate--30; Affiliate--18.
Board: Nonaffiliate--30; Affiliate--18.
FDIC: Nonaffiliate--30; Affiliate--18.
[[Page 35157]]
OTS: Nonaffiliate--30; Affiliate--18.
Estimated Total Annual Burden Hours:
OCC: Nonaffiliate--2,700; Affiliate--1,908. Total: 4,608 burden hours.
Board: Nonaffiliate--1,860; Affiliate--324. Total: 2,184 burden hours.
FDIC: Nonaffiliate--5,700; Affiliate--3,096. Total: 8,796 burden
hours.
OTS: Nonaffiliate--480; Affiliate--0. Total: 480 burden hours.
General Description of Report: This information collection is
mandatory. 12 U.S.C. 1828(c) (OCC, FDIC, and OTS), and 12 U.S.C. 321,
1828(c), and 4804 (Board). Except for select sensitive items, this
information collection is not given confidential treatment. Small
businesses, that is, small institutions, are affected.
Abstract: This submission covers a renewal of the Agencies' merger
application form, which may include clarified instructions for both
affiliated and nonaffiliated institutions. The Agencies need the
information to ensure that the proposed transactions are permissible
under law and regulation and are consistent with safe and sound banking
practices. The Agencies are required, under the Bank Merger Act, to
consider financial and managerial resources, future prospects,
convenience and needs of the community, community reinvestment,
competition, bank secrecy, and anti-money laundering efforts.
Some agencies collect limited supplemental information in certain
cases. For example, the OCC and OTS collect information regarding CRA
commitments; the Federal Reserve collects information on debt servicing
from certain institutions; and the FDIC requires additional information
on the competitive impact of proposed mergers.
Current Actions: On March 30, 2005, the Agencies published in the
Federal Register (70 FR 16331) a notice on the proposed clarifications
to this information collection. The comment period expired on May 31,
2005. The Agencies received no public comments, and each Agency is now
submitting its request to OMB for approval of this information
collection, as proposed.
The General Information and Instructions section of the merger
application form would be modified to clarify the first subsection
(Preparation and Use), which explains more clearly the range of merger
transactions that may require use of the application. The remaining
clarifications include a new paragraph in the Preparation and Use
subsection noting that applications must be submitted to the
appropriate regulatory agency. Also, a new Compliance subsection would
inform applicants of compliance expectations and of the potential that
some very large transactions may be subject to the Hart-Scott-Rodino
Antitrust Improvement Act. These additional paragraphs, which would
provide further practical advice that is generally included in the
other recently approved interagency forms, are intended to highlight
certain elements of the applications process to prevent confusion or
delay, and add no additional burden.
The Federal Reserve approved extending for three years, with minor
revisions, its current supplemental form. The two revisions are
intended to facilitate the applications review process and provide
further practical guidance to the applicant. The first revision
recognizes the possible need of biographical or financial information
from any individual that, as a consequence of the proposed transaction,
becomes a new principal, shareholder, director, or senior executive
officer of a state member bank. While all of the Agencies agree that a
significant change in management or ownership must be evaluated under
the statutory factors of the Bank Merger Act, they have elected to deal
with this information need on a case-by-case basis. The second revision
eliminates the need for any formal certification from a target
institution. This certification is unique to the bank merger
application, and is not specifically required by the Bank Merger Act.
As the FRB generally waives this requirement if objected to by the
target institution and as the applicant is the party to which bank
merger authority is granted, the FRB believes that only the applicant
need provide the requested certification. The other agencies believe
that the target institution should certify to the accuracy of the
information and that the institutions will notify the agency if any
material changes occur prior to a decision. Also, the target
institution certifies that any communications with the agency do not
constitute a contract.
Comments: No comments were received in response to the first
notice. Comments submitted in response to this second notice will be
analyzed to determine the extent to which the instructions for the
collection should be modified. All comments will become a matter of
public record.
Written comments are invited on:
a. Whether the information collection is necessary for the proper
performance of the Agencies' functions, and how the instructions can be
clarified so that information gathered has more practical utility;
b. The accuracy of the Agencies' estimates of the burden of the
information collection, including the validity of the methodology and
assumptions used;
c. Ways to enhance the quality, utility, and clarity of the
information to be collected;
d. Ways to minimize the burden of the information collection on
respondents, including through the use of automated collection
techniques or other forms of information technology; and
e. Estimates of capital or start up costs and costs of operation,
maintenance, and purchase of services to provide information.
Dated: June 13, 2005.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency.
Dated: June 8, 2005.
By order of the Board of Governors of the Federal Reserve
System,
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 13th day of June, 2005.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.
Dated: June 10, 2005.
By the Office of Thrift Supervision.
Richard M. Riccobono,
Acting Director.
[FR Doc. 05-11925 Filed 6-15-05; 8:45 am]
BILLING CODE 4810-33-P, 6210-01-P, 6714-01-P, 6720-01-P