Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB, 22928-22929 [E9-11355]

Agencies

• FEDERAL RESERVE SYSTEM

[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22928-22929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11355]


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FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Announcement of Board 
Approval Under Delegated Authority and Submission to OMB

SUMMARY: Background. Notice is hereby given of the final approval of 
proposed information collections by the Board of Governors of the 
Federal Reserve System (Board) under OMB delegated authority, as per 5 
CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the 
Public). 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 
instrument(s) 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.

FOR FURTHER INFORMATION CONTACT: 

Federal Reserve Board Acting Clearance Officer--Cynthia Ayouch--
Division of Research and Statistics, Board of Governors of the Federal 
Reserve System, Washington, DC 20551 (202-452-3829).
OMB Desk Officer--Shagufta Ahmed --Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, Room 10235, Washington, DC 20503.

    Final approval under OMB delegated authority of the extension for 
three years, without revision, of the following reports:
    1. Report title: Recordkeeping Requirements Associated With Real 
Estate Appraisal Standards for Federally Related Transactions Pursuant 
to Regulations H and Y.
    Agency form number: FR H-4.
    OMB control number: 7100-0250.
    Frequency: Event-generated.
    Reporters: State Member Banks (SMBs) and nonbank subsidiaries of 
Bank Holding Companies (BHCs).
    Annual reporting hours: SMBs, 35,120 hours; nonbank subsidiaries of 
BHCs, 59,823 hours.
    Estimated average hours per response: 0.25 hours.
    Number of respondents: 1,490.
    Small businesses are not affected.
    General description of report: This information collection is 
mandatory (12 U.S.C. 3339). Further, the Board has the authority to 
collect information, including appraisals, during the examination of a 
SMB (12 U.S.C. 248(a)) and a BHC (12 U.S.C. section 1844(c)). Such 
documents would generally be exempt from disclosure under the Freedom 
of Information Act (FOIA) (5 U.S.C 552(b)(4) and (b)(8)). Since the 
Federal Reserve does not collect this information, no issue of 
confidentiality under FOIA arises.
    Abstract: For federally related transactions, Title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989 
requires SMBs and BHCs with credit extending subsidiaries to use 
appraisals prepared in accordance with the Uniform Standards of 
Professional Appraisal Practice promulgated by the Appraisal Standards 
Board of the Appraisal Foundation. Generally, these standards include 
the methods and techniques used to analyze a property as well as the 
requirements for reporting such analysis and a value conclusion in the 
appraisal. There is no formal reporting form.
    2. Report title: Recordkeeping Requirements Associated With Changes 
in Foreign Investments (Made Pursuant to Regulation K).
    Agency form number: FR 2064.
    OMB control number: 7100-0109.
    Frequency: On-occasion.
    Reporters: State member banks (SMBs), Edge and agreement 
corporations, and bank holding companies (BHCs).
    Annual reporting hours: 320 hours.
    Estimated average hours per response: 2 hours.
    Number of respondents: 40.
    Small businesses are not affected.
    General description of report: The recordkeeping requirements of 
this information collection are mandatory (Section 5(c) of the BHC Act 
(12 U.S.C. 1844(c)); Sections 7 and 13(a) of the International Banking 
Act of 1978 (12 U.S.C. 3106 and 3108(a)); Section 25 of the Federal 
Reserve Act (FRA) (12 U.S.C. 601-604a); Section 25A of the FRA (12 
U.S.C. 611-631); and Regulation K (12 CFR 211.8(c)). Since the Federal 
Reserve does not collect any records, no issue of confidentiality under 
the Freedom of Information Act (FOIA) arises. FOIA will only be 
implicated if the Board's examiners retain a copy of the records in 
their examination or supervision of the institution, and would be 
exempt from disclosure pursuant to FOIA (5 U.S.C. 552(b)(4), (b)(6), 
and (b)(8)).
    Abstract: Internationally active U.S. banking organizations are 
expected to maintain adequate internal records to allow examiners to 
review for compliance with the investment provisions of Regulation K. 
For each investment made under Subpart A of Regulation K, records 
should be maintained regarding the type of investment, for example, 
equity (voting shares, nonvoting shares, partnerships, interests 
conferring ownership rights, participating loans), binding commitments, 
capital contributions, and subordinated debt; the amount of the 
investment; the percentage ownership; activities conducted by the 
company and the legal authority for such activities; and whether the 
investment

[[Page 22929]]

was made under general consent, prior notice, or specific consent 
authority. With respect to investments made under general consent 
authority, information also must be maintained that demonstrates 
compliance with the various limits set out in Section 211.9 of 
Regulation K.
    3. Report titles: Request for Proposal (RFP) and Request for Price 
Quotations (RFPQ).
    Agency form numbers: RFP/RFPQ.
    OMB control number: 7100-0180.
    Frequency: On-occasion.
    Reporters: Vendors and suppliers.
    Annual reporting hours: RFP, 7,500 hours; and RFPQ, 1,600 hours.
    Estimated average hours per response: RFP, 50 hours; and RFPQ, 2 
hours.
    Number of respondents: RFP, 150; and RFPQ, 800.
    Small businesses are affected.
    General description of report: This information collection is 
required to obtain a benefit (12 U.S.C. 243, 244, and 248(l)). The 
information obtained in evaluating a contract bid or price quotation is 
not regarded as confidential unless offeror requests confidentiality. 
The Board staff must review each request received under the Freedom of 
Information Act (FOIA; 5 U.S.C. 552(b)(4)) to determine if the 
information may be withheld pursuant to applicable FOIA exemptions.
    Abstract: The Federal Reserve uses the RFP and the RFPQ as needed 
to obtain competitive bids and contracts submitted by vendors 
(offerors). Depending upon the goods and services for which the Federal 
Reserve is seeking bids, the offeror is requested to provide either 
prices for providing the goods or services (RFPQ) or a document 
covering not only prices, but the means of performing a particular 
service and a description of the qualification of the staff of the 
offeror who will perform the service (RFP). This information is used to 
analyze the proposals and select the offer providing the best value.
    4. Report title: Notice Requirements in Connection with Regulation 
W (12 CFR Part 223 Transactions Between Member Banks and Their 
Affiliates).
    Agency form number: Reg W.
    OMB control number: 7100-0304.
    Frequency: Event-generated.
    Reporters: Insured depository institutions and uninsured member 
banks.
    Annual reporting hours: 220 hours.
    Estimated average hours per response: Loan participation renewal 
notice, 2 hours; Acquisition notice, 6 hours; Internal corporate 
reorganization transactions notice, 6 hours; and Section 23A additional 
exemption notice, 10 hours.
    Number of respondents: 28.
    Small businesses are not affected.
    General description of report: This information collection is 
required to evidence compliance with sections 23A and 23B of the 
Federal Reserve Act (12 U.S.C. 371c(f) and 371c-1(e)). Confidential and 
proprietary information collected for the purposes of the Loan 
Participation Renewal notice 12 CFR 223.15(b)(4) may be protected under 
the authority of the Freedom of Information Act (5 U.S.C. 552(b)(4) and 
(b)(8)). Section (b)(4) exempts information deemed competitively 
sensitive from disclosure and Section (b)(8) exempts information 
``contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions.''
    Abstract: On December 12, 2002, the Federal Reserve published a 
Federal Register notice \1\ adopting Reg W to implement sections 23A 
and 23B. The Regulation was effective April 1, 2003. The Board issued 
Reg W for several reasons. First, the regulatory framework established 
by the Gramm-Leach-Bliley Act \2\ emphasizes the importance of sections 
23A and 23B as a means to protect depository institutions from losses 
in transactions with affiliates. Second, adoption of a comprehensive 
rule simplified the interpretation and application of sections 23A and 
23B, ensured that the statute is consistently interpreted and applied, 
and minimized burden on banking organizations to the extent consistent 
with the statute's goals. Third, issuing a comprehensive rule allowed 
the public an opportunity to comment on Federal Reserve interpretations 
of sections 23A and 23B.
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    \1\ (67 FR 76603).
    \2\ Public Law No. 106-102, 113 Stat. 1338 (1999).
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    Current Actions: On March 4, 2009, the Federal Reserve published a 
notice in the Federal Register (74 FR 9401) requesting public comment 
for 60 days on the extension, without revision, of the FR H-4, FR 2064, 
RFP/RFPQ, and Reg W. The comment period for this notice expired on May 
4, 2009. The Federal Reserve did not receive any comments.

    Board of Governors of the Federal Reserve System, May 11, 2009.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E9-11355 Filed 5-14-09; 8:45 am]
BILLING CODE 6210-01-P