Proposed Agency Information Collection Activities; Comment Request, 14988-14990 [E9-7339]
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14988
Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
agencies will continue to collect these
items, for which they received
emergency approval from OMB, until
the Transaction Account Guarantee
Program ends.
In addition, on September 23, 2008,
the OCC, the Board, and the FDIC
requested public comment for 60 days
on proposed revisions to the Call Report
for implementation on a phased-in basis
during 2009 (73 FR 54807). On October
1, 2008, the OTS requested public
comment for 60 days on proposed
revisions to the TFR that would also
take effect on a phased-in basis during
2009 (73 FR 57205). In response to these
requests, the agencies received certain
comments recommending the collection
of additional deposit data related to
deposit insurance assessments even
though the agencies had not proposed to
collect these additional data in their
proposals. More specifically, one
bankers’ organization recommended
that the Call Report and the TFR be
revised to require ‘‘reciprocal
deposits’’ 4 to be reported separately
from brokered deposits. This bankers’
organization also commented on the
reporting of certain sweep accounts
from other institutions, including
affiliated institutions, in the Call Report
and the TFR.
The impetus for the bankers’
organization’s comments about the
reporting of these two types of deposits
was a Notice of Proposed Rulemaking
(NPR) on which the FDIC was
simultaneously requesting comment
concerning amendments to its deposit
insurance assessment regulations (12
CFR part 327).5 In the NPR, the FDIC
proposed to alter the way in which it
differentiates for risk in the risk-based
assessment system; revise deposit
insurance assessment rates, including
base assessment rates; and make
technical and other changes to the rules
governing the risk-based assessment
system. In its comment letters to the
agencies on the proposed Call Report
and TFR revisions, the bankers’
organization observed that the Call
Report and the TFR may need to be
revised depending on the FDIC’s
decisions on the treatment of these
accounts for deposit insurance
assessment purposes.
4 The organization also recommended that
‘‘reciprocal deposit’’ be defined as a deposit
‘‘obtained when an insured depository institution
exchanges funds, dollar-for-dollar, with members of
a network of other insured depository institutions,
where each member of the network sets the interest
rate to be paid on the entire amount of funds it
places with other network members, and all funds
placed through the network are fully insured by the
FDIC.’’
5 73 FR 61560, October 16, 2008.
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17:43 Apr 01, 2009
Jkt 217001
The FFIEC and the agencies have
monitored the outcome of the FDIC’s
rulemaking for assessments and the
need for new Call Report data items for
reciprocal deposits and certain sweep
accounts to support any modifications
that the FDIC makes in its risk-based
assessment system in a final rule. In this
regard, on February 27, 2009, the FDIC
Board of Directors adopted a final rule
that revised the FDIC’s assessment
regulations effective April 1, 2009. For
institutions in Risk Category I of the
risk-based assessment system, the final
rule introduces a new financial ratio
into the financial ratios method. This
method determines the assessment rates
for most institutions in Risk Category I
using a combination of weighted
Uniform Financial Institutions Rating
System component ratings and certain
financial ratios. The new ratio will
capture brokered deposits (in excess of
10 percent of domestic deposits) that are
used to fund rapid asset growth, but it
will exclude brokered deposits that an
institution receives through a deposit
placement network on a reciprocal basis
(reciprocal deposits).
To enable the FDIC to adjust banks’
and savings associations’ brokered
deposits, which are already reported in
the Call Report and the TFR, for any
reciprocal deposits included therein, the
agencies will add an item to the
schedules in these two reports in which
data are reported for assessment
purposes (Schedules RC–O and DI,
respectively). The definition of
reciprocal deposits in the FDIC’s final
rule 6 would be used for this new item,
which would be collected in the Call
Report and the TFR beginning June 30,
2009. The addition of this reciprocal
deposits item to the Call Report and the
TFR is responsive to the previously
mentioned comments received from a
bankers’ organization when the agencies
requested comments on proposed
revisions to the Call Report and the TFR
for implementation in 2009.
In its final rule on assessments, the
FDIC decided not to adjust brokered
deposits for balances swept into an
insured institution by a nondepository
institution. Accordingly, the FFIEC and
the agencies are not revising the Call
Report and the TFR to collect data on
such sweep accounts.
Request for Comment
Public comment is requested on all
aspects of this joint notice. Comments
are invited on:
(a) Whether the proposed revisions to
the collections of information that are
the subject of this notice are necessary
for the proper performance of the
agencies’ functions, including whether
the information has practical utility;
(b) The accuracy of the agencies’
estimates of the burden of the
information collections as they are
proposed to be revised, 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
information collections 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.
Comments submitted in response to
this joint notice will be shared among
the agencies. All comments will become
a matter of public record.
Dated: March 20, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
Board of Governors of the Federal Reserve
System, March 27, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
Dated at Washington, DC, this 25th day of
March, 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: March 24, 2009.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and
Legislation Division, Office of Thrift
Supervision.
[FR Doc. E9–7361 Filed 4–1–09; 8:45 am]
BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P,
6720–01–P
FEDERAL RESERVE SYSTEM
6 The
final rule defines ‘‘reciprocal deposits’’ as
‘‘[d]eposits that an insured depository institution
receives through a deposit placement network on a
reciprocal basis, such that: (1) For any deposit
received, the institution (as agent for depositors)
places the same amount with other insured
depository institutions through the network; and (2)
each member of the network sets the interest rate
to be paid on the entire amount of funds it places
with other network members.’’
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Proposed Agency Information
Collection Activities; Comment
Request
AGENCY: Board of Governors of the
Federal Reserve System.
SUMMARY:
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Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices
Background
On June 15, 1984, the Office of
Management and Budget (OMB)
delegated to the Board of Governors of
the Federal Reserve System (Board) its
approval authority under the Paperwork
Reduction Act (PRA), as per 5 CFR
1320.16, to approve of and assign OMB
control numbers to collection of
information requests and requirements
conducted or sponsored by the Board
under conditions set forth in 5 CFR
1320 Appendix A.1. Board-approved
collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
Paperwork Reduction Act Submission,
supporting statements and approved
collection of information instruments
are placed into OMB’s public docket
files. The Federal Reserve may not
conduct or sponsor, and the respondent
is not required to respond to, an
information collection that has been
extended, revised, or implemented on or
after October 1, 1995, unless it displays
a currently valid OMB control number.
mstockstill on PROD1PC66 with NOTICES
Request for Comment on Information
Collection Proposals
The following information
collections, which are being handled
under this delegated authority, have
received initial Board approval and are
hereby published for comment. At the
end of the comment period, the
proposed information collections, along
with an analysis of comments and
recommendations received, will be
submitted to the Board for final
approval under OMB delegated
authority. Comments are invited on the
following:
a. Whether the proposed collection of
information is necessary for the proper
performance of the Federal Reserve’s
functions; including whether the
information has practical utility;
b. The accuracy of the Federal
Reserve’s estimate of the burden of the
proposed 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; and
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Comments must be submitted on
or before June 1, 2009.
ADDRESSES: You may submit comments,
identified by FR 4022 by any of the
following methods:
VerDate Nov<24>2008
17:43 Apr 01, 2009
Jkt 217001
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
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,
unless modified 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 form 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.
Additionally, commenters should
send a copy of their comments to the
OMB Desk Officer by mail to the Office
of Information and Regulatory Affairs,
U.S. Office of Management and Budget,
New Executive Office Building, Room
10235, 725 17th Street, NW.,
Washington, DC 20503 or by fax to 202–
395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of the PRA OMB submission,
including the proposed reporting form
and instructions, supporting statement,
and other documentation will be placed
into OMB’s public docket files, once
approved. These documents will also be
made available on the Federal Reserve
Board’s public Web site at: https://
www.federalreserve.gov/boarddocs/
reportforms/review.cfm or may be
requested from the agency clearance
officer, whose name appears below.
Michelle Shore, Federal Reserve
Board Clearance Officer (202–452–
3829), Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, Washington,
DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact
(202–263–4869), Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
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14989
Proposal To Approve Under OMB
Delegated Authority the Extension for
Three Years, Without Revision, of the
Following Report
Report Title: Recordkeeping
Requirements Associated with the
Interagency Statement on Complex
Structured Finance Activities.
Agency Form Number: FR 4022.
OMB Control Number: 7100–0311.
Frequency: Annual.
Reporters: State member banks, bank
holding companies, and U.S. branches
and agencies of foreign banks
supervised by the Federal Reserve.
Estimated Annual Reporting Hours:
230 hours.
Estimated Average Hours per
Response: New respondents, 25 hours;
existing respondents, 10 hours.
Estimated Number of Respondents:
New respondents, 2; existing
respondents, 18.
General Description of Report: This
information collection is authorized
pursuant to 12 U.S.C. 248(a), 248(i), 483,
and 602, 12 U.S.C. 1844, and 12 U.S.C.
3108(a). Respondent participation in the
statement is voluntary. However, the
Federal Reserve expects to use the
statement in reviewing the internal
controls and risk management systems
of those financial institutions engaged
in complex structured finance
transactions (CSFTs) as part of the
Federal Reserve’s supervisory process.
Since the Federal Reserve does not
collect any information, no issue of
confidentiality normally arises.
However, in the event records generated
under the statement are obtained by the
Board during an examination of a state
member bank or U.S. branch or agency
of a foreign bank, or during an
inspection of a bank holding company,
confidential treatment may be afforded
to the records under exemption 8 of the
Freedom of Information Act (FOIA), 5
U.S.C. 552(b)(8). FOIA exemption 8
exempts from disclosure matters that are
contained in or related to examination,
operating, or condition reports prepared
by, on behalf of, or for the use of an
agency responsible for the regulation or
supervision of financial institutions.
Abstract: The Interagency Statement
on Complex Structured Finance
Activities provides that state member
banks, bank holding companies, and
U.S. branches and agencies of foreign
banks supervised by the Federal Reserve
should establish and maintain policies
and procedures for identifying,
evaluating, assessing, documenting, and
controlling risks associated with certain
CSFTs.
A financial institution engaged in
CSFTs should maintain a set of formal,
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02APN1
14990
Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Notices
firm-wide policies and procedures that
are designed to allow the institution to
identify, evaluate, assess, document,
and control the full range of credit,
market, operational, legal, and
reputational risks associated with these
transactions. These policies may be
developed specifically for CSFTs, or
included in the set of broader policies
governing the institution generally. A
financial institution operating in foreign
jurisdictions may tailor its policies and
procedures as appropriate to account
for, and comply with, the applicable
laws, regulations and standards of those
jurisdictions.
A financial institution’s policies and
procedures should establish a clear
framework for the review and approval
of individual CSFTs. These policies and
procedures should set forth the
responsibilities of the personnel
involved in the origination, structuring,
trading, review, approval,
documentation, verification, and
execution of CSFTs. A financial
institution should define what
constitutes a new complex structured
finance product and establish a control
process for the approval of such new
products. An institution’s policies also
should provide for new complex
structured finance products to receive
the approval of all relevant control areas
that are independent of the profit center
before the product is offered to
customers.
Board of Governors of the Federal Reserve
System, March 27, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–7339 Filed 4–1–09; 8:45 am]
BILLING CODE 6210–01–P
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Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications also will be
17:50 Apr 01, 2009
Jkt 217001
Board of Governors of the Federal Reserve
System, March 30, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9–7406 Filed 4–01–09; 8:45 am]
BILLING CODE 6210–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
FEDERAL RESERVE SYSTEM
VerDate Nov<24>2008
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than April 27, 2009.
A. Federal Reserve Bank of Cleveland
(Nadine Wallman, Vice President) 1455
East Sixth Street, Cleveland, Ohio
44101–2566:
1. Community Exchange Bancshares
Inc., Hindman, Kentucky; to become a
bank holding company by acquiring 100
percent of the voting shares of Hindman
Bancshares Inc., and its subsidiary Bank
of Hindman Inc., both of Hindman,
Kentucky.
Findings of Scientific Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
SUMMARY: Notice is hereby given that
the Office of Research Integrity (ORI)
and the Assistant Secretary for Health
have taken final action in the following
case:
Robert B. Fogel, M.D., Harvard Medical
School and Brigham and Women’s
Hospital: Based on information that the
Respondent volunteered to his former
mentor on November 7, 2006, and
detailed in a written admission on
September 19, 2007, and ORI’s review of
Joint Inquiry and Investigation reports
by Harvard Medical School (HMS) and
the Brigham and Women’s Hospital
(BWH), the U.S. Public Health Service
(PHS) found that Dr. Robert B. Fogel,
former Assistant Professor of Medicine
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Frm 00039
Fmt 4703
Sfmt 4703
and Associate Physician at HMS, and
former Co-Director of the Fellowship in
Sleep Medicine at BWH, engaged in
scientific misconduct in research
supported by National Heart, Lung, and
Blood Institute (NHLBI), National
Institutes of Health (NIH), awards P50
HL60292, R01 HL48531, K23 HL04400,
and F32 HL10246, and National Center
for Research Resources (NCRR), NIH,
award M01 RR02635.
PHS found that Respondent engaged
in scientific misconduct by falsifying
and fabricating baseline data from a
study of sleep apnea in severely obese
patients published in the following
paper: Fogel, R.B., Malhotra, A.,
Dalagiorgou, G., Robinson, M.K., Jakab,
M., Kikinis, R., Pittman, S.D., and
White, D.P. ‘‘Anatomic and physiologic
predictors of apnea severity in morbidly
obese subjects.’’ Sleep 2:150–155, 2003
(hereafter referred to as the ‘‘Sleep
paper’’); and in a preliminary abstract
reporting on this work.
Specifically, PHS found that for the data
reported in the Sleep paper, the
Respondent:
• Changed/falsified roughly half of
the physiologic data
• Fabricated roughly 20% of the
anatomic data that were supposedly
obtained from Computed Tomography
(CT) images
• Changed/falsified 50 to 80 percent
of the other anatomic data
• Changed/falsified roughly 40 to 50
percent of the sleep data so that those
data would better conform to his
hypothesis.
Respondent also published some of
the falsified and fabricated data in an
abstract in Sleep 24, Abstract
Supplement A7, 2001.
Dr. Fogel has entered into a Voluntary
Settlement Agreement in which he has
voluntarily agreed, for a period of three
(3) years, beginning on March 16, 2009:
(1) To exclude himself from serving in
any advisory capacity to PHS, including
but not limited to service on any PHS
advisory committee, board, and/or peer
review committee, or as a consultant;
(2) That any institution that submits
an application for PHS support for a
research project on which the
Respondent’s participation is proposed
or that uses the Respondent in any
capacity on PHS supported research, or
that submits a report of PHS-funded
research in which the Respondent is
involved, must concurrently submit a
plan for supervision of the Respondent’s
duties to the funding agency for
approval; the supervisory plan must be
designed to ensure the scientific
integrity of the Respondent’s research
contribution; a copy of the supervisory
plan must also be submitted to ORI by
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Agencies
[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14988-14990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7339]
=======================================================================
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FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY:
[[Page 14989]]
Background
On June 15, 1984, the Office of Management and Budget (OMB)
delegated to the Board of Governors of the Federal Reserve System
(Board) its approval authority under the Paperwork Reduction Act (PRA),
as per 5 CFR 1320.16, to approve of and assign OMB control numbers to
collection of information requests and requirements conducted or
sponsored by the Board under conditions set forth in 5 CFR 1320
Appendix A.1. Board-approved collections of information are
incorporated into the official OMB inventory of currently approved
collections of information. Copies of the Paperwork Reduction Act
Submission, supporting statements and approved collection of
information instruments are placed into OMB's public docket files. The
Federal Reserve may not conduct or sponsor, and the respondent is not
required to respond to, an information collection that has been
extended, revised, or implemented on or after October 1, 1995, unless
it displays a currently valid OMB control number.
Request for Comment on Information Collection Proposals
The following information collections, which are being handled
under this delegated authority, have received initial Board approval
and are hereby published for comment. At the end of the comment period,
the proposed information collections, along with an analysis of
comments and recommendations received, will be submitted to the Board
for final approval under OMB delegated authority. Comments are invited
on the following:
a. Whether the proposed collection of information is necessary for
the proper performance of the Federal Reserve's functions; including
whether the information has practical utility;
b. The accuracy of the Federal Reserve's estimate of the burden of
the proposed 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; and
d. Ways to minimize the burden of information collection on
respondents, including through the use of automated collection
techniques or other forms of information technology.
DATES: Comments must be submitted on or before June 1, 2009.
ADDRESSES: You may submit comments, identified by FR 4022 by any of the
following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at 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,
unless modified 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 form 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.
Additionally, commenters should send a copy of their comments to
the OMB Desk Officer by mail to the Office of Information and
Regulatory Affairs, U.S. Office of Management and Budget, New Executive
Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503
or by fax to 202-395-6974.
FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission,
including the proposed reporting form and instructions, supporting
statement, and other documentation will be placed into OMB's public
docket files, once approved. These documents will also be made
available on the Federal Reserve Board's public Web site at: https://www.federalreserve.gov/boarddocs/reportforms/review.cfm or may be
requested from the agency clearance officer, whose name appears below.
Michelle Shore, Federal Reserve Board Clearance Officer (202-452-
3829), Division of Research and Statistics, Board of Governors of the
Federal Reserve System, Washington, DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact (202-263-4869), Board of Governors
of the Federal Reserve System, Washington, DC 20551.
Proposal To Approve Under OMB Delegated Authority the Extension for
Three Years, Without Revision, of the Following Report
Report Title: Recordkeeping Requirements Associated with the
Interagency Statement on Complex Structured Finance Activities.
Agency Form Number: FR 4022.
OMB Control Number: 7100-0311.
Frequency: Annual.
Reporters: State member banks, bank holding companies, and U.S.
branches and agencies of foreign banks supervised by the Federal
Reserve.
Estimated Annual Reporting Hours: 230 hours.
Estimated Average Hours per Response: New respondents, 25 hours;
existing respondents, 10 hours.
Estimated Number of Respondents: New respondents, 2; existing
respondents, 18.
General Description of Report: This information collection is
authorized pursuant to 12 U.S.C. 248(a), 248(i), 483, and 602, 12
U.S.C. 1844, and 12 U.S.C. 3108(a). Respondent participation in the
statement is voluntary. However, the Federal Reserve expects to use the
statement in reviewing the internal controls and risk management
systems of those financial institutions engaged in complex structured
finance transactions (CSFTs) as part of the Federal Reserve's
supervisory process. Since the Federal Reserve does not collect any
information, no issue of confidentiality normally arises. However, in
the event records generated under the statement are obtained by the
Board during an examination of a state member bank or U.S. branch or
agency of a foreign bank, or during an inspection of a bank holding
company, confidential treatment may be afforded to the records under
exemption 8 of the Freedom of Information Act (FOIA), 5 U.S.C.
552(b)(8). FOIA exemption 8 exempts from disclosure matters that are
contained in or related to examination, operating, or condition reports
prepared by, on behalf of, or for the use of an agency responsible for
the regulation or supervision of financial institutions.
Abstract: The Interagency Statement on Complex Structured Finance
Activities provides that state member banks, bank holding companies,
and U.S. branches and agencies of foreign banks supervised by the
Federal Reserve should establish and maintain policies and procedures
for identifying, evaluating, assessing, documenting, and controlling
risks associated with certain CSFTs.
A financial institution engaged in CSFTs should maintain a set of
formal,
[[Page 14990]]
firm-wide policies and procedures that are designed to allow the
institution to identify, evaluate, assess, document, and control the
full range of credit, market, operational, legal, and reputational
risks associated with these transactions. These policies may be
developed specifically for CSFTs, or included in the set of broader
policies governing the institution generally. A financial institution
operating in foreign jurisdictions may tailor its policies and
procedures as appropriate to account for, and comply with, the
applicable laws, regulations and standards of those jurisdictions.
A financial institution's policies and procedures should establish
a clear framework for the review and approval of individual CSFTs.
These policies and procedures should set forth the responsibilities of
the personnel involved in the origination, structuring, trading,
review, approval, documentation, verification, and execution of CSFTs.
A financial institution should define what constitutes a new complex
structured finance product and establish a control process for the
approval of such new products. An institution's policies also should
provide for new complex structured finance products to receive the
approval of all relevant control areas that are independent of the
profit center before the product is offered to customers.
Board of Governors of the Federal Reserve System, March 27,
2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9-7339 Filed 4-1-09; 8:45 am]
BILLING CODE 6210-01-P