Proposed Agency Information Collection Activities; Comment Request, 16120-16123 [2010-7164]
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Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices
such information under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: The Commission
will submit this expiring information
collection to the Office of Management
and Budget (OMB) after this comment
period in order to obtain the full three
year clearance from them. There is no
change in the reporting, recordkeeping
and/or third party disclosure
requirements. However, there is a
significant decrease of 409,352 total
annual burden hours and a $625,000
decrease in annual costs. This is due to
several reasons including 1) re–
calculations of each burden estimate; 2)
re–estimate of the estimated time
burden for some of the information
collection categories; and 3) less time
per response due to familiarity gained
over the years of performing these
functions.
The Commission adopted rules and
regulations to implement parts of
Sections 251 and 252 that affect local
competition. Incumbent local exchange
carriers (LECs) are required to offer
interconnection, unbundled network
elements, transport and termination and
wholesale rates for certain services to
new entrants. Incumbent LECs must
price such services at rates that are cost–
based and just and reasonable and
provide access to right–of–way as well
as establish reciprocal compensation
arrangements for the transport and
termination of telecommunications
traffic.
Federal Communications Commission.
Bulah P. Wheeler,
Acting Associate Secretary,
Office of the Secretary,
Office of Managing Director.
[FR Doc. 2010–7168 Filed 3–30–10; 8:45 am]
BILLING CODE 6712–01–S
FEDERAL ACCOUNTING STANDARDS
ADVISORY BOARD
Notice of Issuance of Exposure Draft
on Accrual Estimates for Grant
Programs
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AGENCY: Federal Accounting Standards
Advisory Board.
ACTION: Notice.
Board Action: Pursuant to 31 U.S.C.
3511(d), the Federal Advisory
Committee Act (Pub. L. 92–463), as
amended, and the FASAB Rules of
Procedure, as amended in April, 2004,
notice is hereby given that the
Accounting and Auditing Policy
Committee (AAPC) has issued an
Exposure Draft of a new Federal
Financial Accounting Technical Release
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entitled Accrual Estimates for Grant
Programs. The proposed Technical
Release provides guidance supporting
cost-effective development of reasonable
estimates of accrual liabilities for grant
programs.
The Exposure Draft is available on the
FASAB home page https://
www.fasab.gov/exposure.html. Copies
can be obtained by contacting FASAB at
(202) 512–7350.
Respondents are encouraged to
comment on any part of the exposure
draft. Written comments are requested
by April 22, 2010, and should be sent
to:
Wendy M. Payne, Executive Director,
Federal Accounting Standards Advisory
Board, 441 G Street, NW., Suite 6814,
Mail Stop 6K17V, Washington, DC
20548.
FOR FURTHER INFORMATION CONTACT:
Wendy Payne, Executive Director, at
(202) 512–7350.
Authority: Federal Advisory Committee
Act, Pub. L. 92–463.
Dated: March 26, 2010.
Charles Jackson,
Federal Register Liaison Officer.
[FR Doc. 2010–7248 Filed 3–30–10; 8:45 am]
BILLING CODE 1610–02–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
AGENCY: Board of Governors of the
Federal Reserve System.
SUMMARY: 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 Part 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
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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, 2010.
ADDRESSES: You may submit comments,
identified by FR 2046, FR 2060, FR
2572, FR 4006, FR 4008, FR 4010, FR
4011, FR 4012, FR 4017, FR 4019, FR
4023, FR 4013, or FR 4014 by any of the
following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
http:/www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include the OMB control 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.
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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).
Proposal To Approve Under OMB
Delegated Authority the Extension for
Three Years, With Revision, of the
Following Reports
1. Report title: Report of Selected
Balance Sheet Items for Discount
Window Borrowers.
Agency form numbers: FR 2046.
OMB control number: 7100–0289.
Frequency: On occasion.
Reporters: Depository institutions.
Annual reporting hours: Primary and
Secondary Credit, 1 hour; Seasonal
Credit, 386 hours.
Estimated average hours per response:
Primary and Secondary Credit, 0.75
hour; Seasonal Credit, 0.25 hour.
Number of respondents: Primary and
Secondary Credit, 1; Seasonal Credit,
103.
General description of report: This
information collection is required to
obtain a benefit pursuant to section 10B
and 19(b)(7) of the Federal Reserve Act
(12 U.S.C. 347b and 461(b)(7)) and is
given confidential treatment (5 U.S.C.
552(b)(4)).
Abstract: The Federal Reserve’s
Regulation A, Extensions of Credit by
Federal Reserve Banks, requires that the
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Federal Reserve review balance sheet
data in determining whether to extend
credit and to help ascertain whether
undue use is made of such credit.
Borrowers report certain balance sheet
data for a period that encompasses the
dates of borrowing.
Current Actions: The Federal Reserve
proposes to revise the FR 2046
consistent with the 2009 revisions to the
Weekly Report of Selected Assets and
Liabilities of Domestically Chartered
Commercial Banks and U.S. Branches
and Agencies of Foreign Banks (FR
2644; OMB No. 7100–0075). FR 2046
respondents that also file the FR 2644
need not report data items that are
common to both reports. The recent
changes to the FR 2644 included new
reporting of total deposits and the
elimination of a separate data item for
total loans. As a result, FR 2046
respondents that also file the FR 2644 or
the weekly Report of Transaction
Accounts, Other Deposits and Vault
Cash (FR 2900; OMB No. 7100–0087)
need not provide data on total deposits,
but must provide data on total loans.
2. Report title: Report of Terms of
Credit Card Plans and the Report of
Terms of Credit Card Plans
Supplemental Survey.
Agency form numbers: FR 2572 and
FR 2572S, respectively.
OMB control number: 7100–0239.
Frequency: FR 2572, Semi-annual;
and FR 2572S, one-time.
Reporters: Commercial banks, savings
banks, industrial banks, and savings and
loans associations.
Annual reporting hours: FR 2572, 75
hours; and FR 2572S, 263 hours.
Estimated average hours per response:
FR 2572, 0.25 hours; and FR 2572S, 1.50
hours.
Number of respondents: FR 2572, 150;
and FR 2572S, 175.
General description of report: This
information collection is authorized
pursuant section 136(b) of the Truth in
Lending Act, 15 U.S.C. 1646(b).
Reporting the FR 2572 is required of the
25 largest issuers; other financial
institutions participate voluntarily. The
data are not considered confidential.
Reporting the FR 2572S data is
mandatory and the identity of survey
respondents is considered confidential
(5 U.S.C 552(b)(4)).
Abstract: The FR 2572 collects data
on credit card pricing and availability
from a sample of at least 150 financial
institutions that offer credit cards to the
general public. The information
collected on the FR 2572 is reported to
Congress and made available to the
public in order to promote competition
within the industry. The FR 2572S
gathers information on the number of
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creditors that have engaged in one or
more of the practices identified in
Section 505 of the Credit Card Act.
Current Actions: The Federal Reserve
proposes to discontinue collection of
the FR 2572S data. As directed by the
Section 505 of the Credit Card Act, the
Federal Reserve Board conducted a onetime survey regarding the extent to
which credit card issuers adjust
consumer credit lines or interest rates
based on certain factors. The Credit
Card Act required the Federal Reserve
Board to complete the survey and
submit a report to Congress by May 22,
2010. For this reason, the Federal
Reserve is proposing to discontinue the
FR 2572S.
Proposal To Approve Under OMB
Delegated Authority the Extension for
Three Years, Without Revision, of the
Following Reports
1. Report title: Survey to Obtain
Information on the Relevant Market in
Individual Merger Cases.
Agency form number: FR 2060.
OMB control number: 7100–0232.
Frequency: On occasion.
Reporters: Small businesses and
consumers.
Annual reporting hours: 9 hours.
Estimated average hours per response:
Small businesses, 10 minutes;
Consumers, 6 minutes.
Number of respondents: 25 small
businesses and 50 consumers per
survey.
General description of report: This
information collection is voluntary
pursuant to the Change in Bank Control
Act (12 U.S.C. 1817(j)(7)(A) and (B)), the
Bank Merger Act (12 U.S.C. 1828(c)(5)),
and section 3(c)(1) of the Bank Holding
Company Act (BHC Act) (12 U.S.C.
1842(c)(1)). Individual responses are
confidential pursuant to the Freedom of
Information Act (5 U.S.C. 552 (b)(4) and
(b)(6)) for small businesses and
consumers, respectively.
Abstract: The Federal Reserve uses
this information to define relevant
banking markets for specific merger and
acquisition applications and to evaluate
changes in competition that would
result from proposed transactions.
2. Report title: Request for Extension
of Time to Dispose of Assets Acquired
in Satisfaction of Debts Previously
Contracted.
Agency form number: FR 4006.
OMB control number: 7100–0129.
Frequency: Annual.
Reporters: BHCs.
Annual reporting hours: 505 hours.
Estimated average hours per response:
5 hours.
Number of respondents: 101.
General description of report: This
information collection is required to
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obtain a benefit pursuant to sections 4(a)
and 4(c)(2) of the BHC Act [12 U.S.C.
1843(a) and (c)(2)] and may be given
confidential treatment upon request.
The Federal Reserve has established a
procedure for requesting an extension in
its Regulation Y [12 CFR 225.22(d)(1)
and 225.140].
Abstract: BHC that acquired voting
securities or assets through foreclosure
in the ordinary course of collecting a
debt previously contracted may not
retain ownership of those shares or
assets for more than two years without
prior Federal Reserve approval. There is
no formal reporting form and each
request for extension must be filed at
the appropriate Reserve Bank of the
BHC. The Federal Reserve uses the
information provided in the request to
fulfill its statutory obligation to
supervise BHCs.
3. Report title: Stock Redemption
Notification.
Agency form number: FR 4008.
OMB control number: 7100–0131.
Frequency: On occasion.
Reporters: BHCs.
Annual reporting hours: 155 hours.
Estimated average hours per response:
15.5 hours.
Number of respondents: 10
General description of report: This
information collection is mandatory
pursuant to Sections 5(b) and (c) of the
BHC Act (12 U.S.C. 1844(b) and (c)) and
is generally not given confidential
treatment. However, a respondent may
request that the information be kept
confidential on a case-by-case basis.
Abstract: The BHC Act and
Regulation Y generally require a BHC to
seek prior Federal Reserve approval
before purchasing or redeeming its
equity securities. Given that a BHC is
exempt from this requirement if it meets
certain financial, managerial, and
supervisory standards, only a small
portion of proposed stock redemptions
actually require the prior approval of
the Federal Reserve. There is no formal
reporting form. The Federal Reserve
uses the information provided in the
redemption notice to fulfill its statutory
obligation to supervise BHCs.
4. Report title: Information Collections
Related to the Gramm-Leach-Bliley
(GLB) Act.
Agency form number: FR 4010, FR
4011, FR 4012, FR 4017, FR 4019, and
FR 4023.
OMB control number: 7100–0292.
Frequency: On occasion.
Reporters: BHCs, foreign banking
organizations (FBOs), and state member
banks (SMBs).
Annual reporting hours: 3,485 hours.
Estimated average hours per response:
FR 4010: BHC 3 hours, FBOs 3.5 hours;
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FR 4011: 10 hours; FR 4012: BHCs
decertified as financial holding
companies (FHCs) 1 hour, FHCs back
into compliance 10 hours; FR 4017: 4
hours; FR 4019: Regulatory relief
requests 1 hour, Portfolio company
notification 1 hour; and FR 4023: 50
hours.
Number of respondents: FR 4010:
BHC 35, FBOs 6; FR 4011: 6; FR 4012:
BHCs decertified as FHCs 80, FHCs back
into compliance 20; FR 4017: 3; FR
4019: Regulatory relief requests 5,
Portfolio company notification 2; FR
4023: 60.
General description of report: The FR
4010 is required to obtain a benefit and
is authorized under Section 4(l)(1)(C) of
the BHC Act, 12 U.S.C. 1843(l)(1)(C);
section 8(a) of the International Banking
Act, 12 U.S.C. 3106(a); and sections
225.82 and 225.91 of Regulation Y, 12
CFR 225.82 and 225.91.
The FR 4011 is voluntary and is
authorized under Sections 4(j) and 4(k)
of the BHC Act, 12 U.S.C. 1843(j)
through (k); and sections 225.88, and
225.89, of Regulation Y, 12 CFR 225.88,
and 225.89.
The FR 4012 is mandatory and is
authorized under Section 4(l)(1) and
4(m) of the BHC Act, 12 U.S.C.
1843(l)(1) and (m); section 8(a) of the
International Banking Act, 12 U.S.C.
3106(a); and sections 225.83 and 225.93
of Regulation Y, 12 CFR 225.83 and
225.93.
The FR 4017 is required to obtain a
benefit and is authorized under Section
9 of the Federal Reserve Act, 12 U.S.C.
335; and section 208.76 of Regulation H,
12 CFR 208.76.
The FR 4019 is required to obtain a
benefit and is authorized under Section
4(k)(7) of the BHC Act, 12 U.S.C.
1843(k)(7); and sections 225.171(e)(3),
225.172(b)(4), and 225.173(c)(2) of
Regulation Y, 12 CFR 225.171(e)(3),
225.172(b)(4), and 225.173(c)(2).
The FR 4023 is mandatory and is
authorized under Section 4(k)(7) of the
BHC Act, 12 U.S.C. 1843(k)(7); and
sections 225.171(e)(4) and 225.175 of
Regulation Y, 12 CFR 225.171(e)(4) and
225.175.
For the FR 4010, FR 4011, FR 4017,
FR 4019, and information related to a
failure to meet capital requirements on
the FR 4012, a company may request
confidential treatment of the
information contained in these
information collections pursuant to
section (b)(4) and (b)(6) of the Freedom
of Information Act (FOIA)(5 U.S.C. 552
(b)(4) and (b)(6)). Information related to
a failure to meet management
requirements on the FR 4012 is
confidential and exempt from disclosure
under section (b)(4), because the release
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of this information would cause
substantial harm to the competitive
position of the entity, and (b)(8) if the
information is 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.
Since the Federal Reserve does not
collect the FR 4023, no issue of
confidentiality under the FOIA arises.
FOIA will only be implicated if the
Board’s examiners retained a copy of the
records in their examination or
supervision of the institution, and
would likely be exempt from disclosure
pursuant to FOIA (5 U.S.C. 552(b)(4),
(b)(6), and (b)(8)).
Abstract: Each BHC or FBO seeking
FHC status must file the FR 4010
declaration, which includes information
needed to verify eligibility for FHC
status. By filing the FR 4011, a requestor
may ask the Board to determine that an
activity is financial in nature, to issue
an advisory opinion that an activity is
within the scope of an activity
previously determined to be financial in
nature, or to approve engagement in an
activity complementary to a financial
activity. Any FHC ceasing to meet
capital or managerial prerequisites for
FHC status must notify the Board of the
deficiency by filing the FR 4012 and
often must submit plans to the Board to
cure the deficiency. Any SMB seeking to
establish a financial subsidiary must
seek the Board’s prior approval by
submitting the FR 4017. Any FHC
seeking to extend the 10-year holding
period for a merchant banking
investment must submit the FR 4019 to
apply for the Board’s prior approval,
and a FHC also must notify the Board
if it routinely manages or operates a
portfolio company for more than nine
months. All FHCs engaging in merchant
banking activities must keep records of
those activities, and make them
available to examiners as specified in
the FR 4023 requirements.
There are no formal reporting forms
for these collections of information,
which are event generated, though in
each case the type of information
required to be filed is described in the
Board’s regulations. These collections of
information are required pursuant to
amendments made by the GLB Act to
the BHC Act or the Federal Reserve Act,
or Board regulations issued to carry out
the GLB Act.
5. Report title: Notice Claiming Status
as an Exempt Transfer Agent.
Agency form number: FR 4013.
OMB control number: 7100–0137.
Frequency: On occasion.
Reporters: BHCs, and certain trust
companies.
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Annual reporting hours: 20 hours.
Estimated average hours per response:
2 hours.
Number of respondents: 10.
General description of report: This
information collection is mandatory
pursuant to section 17A(c) of the
Securities Exchange Act of 1934 (15
U.S.C. 78q–1(c)) as amended by the
Securities Acts Amendments of 1975.
The Federal Reserve is authorized to
collect these data from state member
banks or their subsidiaries, and BHCs or
their subsidiaries (except national banks
and state nonmember banks that are
insured by the FDIC) by 15 U.S.C.
78c(a)(34)(B)(ii). The data collected are
not given confidential treatment.
Abstract: Banks, BHCs, and trust
companies subject to the Federal
Reserve’s supervision that are lowvolume transfer agents voluntarily file
the notice on occasion with the Federal
Reserve. Transfer agents are institutions
that provide securities transfer,
registration, monitoring, and other
specified services on behalf of securities
issuers. The purpose of the notice,
which is effective until the agent
withdraws it, is to claim exemption
from certain rules and regulations of the
Securities and Exchange Commission
(SEC). The Federal Reserve uses the
notices for supervisory purposes
because the SEC has assigned to the
Federal Reserve responsibility for
collecting the notices and verifying their
accuracy through examinations of the
respondents. There is no formal
reporting form and each notice is filed
as a letter.
6. Report title: Investment in Bank
Premises Notification.
Agency form number: FR 4014.
OMB control number: 7100–0139.
Frequency: On occasion.
Reporters: SMBs.
Annual reporting hours: 7 hours.
Estimated average hours per response:
30 minutes.
Number of respondents: 13.
General description of report: This
information collection is required to
obtain a benefit pursuant to Section
24A(a) of the Federal Reserve Act (12
U.S.C. 371d(a)) and is not given
confidential treatment. However, a
respondent may request confidential
treatment for all or part of a notification,
which would be reviewed on a case-bycase basis.
Abstract: The Federal Reserve Act
requires an SMB to seek prior Federal
Reserve approval before making an
investment in bank premises that
exceeds certain thresholds. There is no
formal reporting form, and each
required request for prior approval must
be filed as a notification with the
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appropriate Reserve Bank of the SMB.
The Federal Reserve uses the
information provided in the notice to
fulfill its statutory obligation to
supervise SMBs.
Board of Governors of the Federal Reserve
System, March 26, 2010.
Jennifer J. Johnson,
Secretary of the Board.
16123
Trust into a national bank and thereby
merging it with Morgan Stanley Bank,
N.A., which will be relocated to
Purchase, New York.
Board of Governors of the Federal Reserve
System, March 26, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–7182 Filed 3–30–10; 8:45 am]
BILLING CODE 6210–01–S
[FR Doc. 2010–7164 Filed 3–30–10; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
FEDERAL RESERVE SYSTEM
[File No. 082 3153]
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
Dave & Buster’s, Inc.; Analysis of
Proposed Consent Order to Aid Public
Comment
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
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 26, 2010.
A. Federal Reserve Bank of New
York (Ivan Hurwitz, Bank Applications
Officer) 33 Liberty Street, New York,
New York 10045–0001:
1. Morgan Stanley, New York, New
York; to acquire 100 percent of the
voting shares of Morgan Stanley Private
Bank, N.A., Jersey City, New Jersey, as
a result of converting Morgan Stanley
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Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order — embodied in the
consent agreement — that would settle
these allegations.
DATES: Comments must be received on
or before April 26, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Dave &
Buster’s, File No. 082 3153’’ to facilitate
the organization of comments. Please
note that your comment — including
your name and your state — will be
placed on the public record of this
proceeding, including on the publicly
accessible FTC website, at (https://
www.ftc.gov/os/publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
E:\FR\FM\31MRN1.SGM
31MRN1
Agencies
[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16120-16123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7164]
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FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: 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
Part 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, 2010.
ADDRESSES: You may submit comments, identified by FR 2046, FR 2060, FR
2572, FR 4006, FR 4008, FR 4010, FR 4011, FR 4012, FR 4017, FR 4019, FR
4023, FR 4013, or FR 4014 by any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at http:/www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include the OMB
control 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.
[[Page 16121]]
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).
Proposal To Approve Under OMB Delegated Authority the Extension for
Three Years, With Revision, of the Following Reports
1. Report title: Report of Selected Balance Sheet Items for
Discount Window Borrowers.
Agency form numbers: FR 2046.
OMB control number: 7100-0289.
Frequency: On occasion.
Reporters: Depository institutions.
Annual reporting hours: Primary and Secondary Credit, 1 hour;
Seasonal Credit, 386 hours.
Estimated average hours per response: Primary and Secondary Credit,
0.75 hour; Seasonal Credit, 0.25 hour.
Number of respondents: Primary and Secondary Credit, 1; Seasonal
Credit, 103.
General description of report: This information collection is
required to obtain a benefit pursuant to section 10B and 19(b)(7) of
the Federal Reserve Act (12 U.S.C. 347b and 461(b)(7)) and is given
confidential treatment (5 U.S.C. 552(b)(4)).
Abstract: The Federal Reserve's Regulation A, Extensions of Credit
by Federal Reserve Banks, requires that the Federal Reserve review
balance sheet data in determining whether to extend credit and to help
ascertain whether undue use is made of such credit. Borrowers report
certain balance sheet data for a period that encompasses the dates of
borrowing.
Current Actions: The Federal Reserve proposes to revise the FR 2046
consistent with the 2009 revisions to the Weekly Report of Selected
Assets and Liabilities of Domestically Chartered Commercial Banks and
U.S. Branches and Agencies of Foreign Banks (FR 2644; OMB No. 7100-
0075). FR 2046 respondents that also file the FR 2644 need not report
data items that are common to both reports. The recent changes to the
FR 2644 included new reporting of total deposits and the elimination of
a separate data item for total loans. As a result, FR 2046 respondents
that also file the FR 2644 or the weekly Report of Transaction
Accounts, Other Deposits and Vault Cash (FR 2900; OMB No. 7100-0087)
need not provide data on total deposits, but must provide data on total
loans.
2. Report title: Report of Terms of Credit Card Plans and the
Report of Terms of Credit Card Plans Supplemental Survey.
Agency form numbers: FR 2572 and FR 2572S, respectively.
OMB control number: 7100-0239.
Frequency: FR 2572, Semi-annual; and FR 2572S, one-time.
Reporters: Commercial banks, savings banks, industrial banks, and
savings and loans associations.
Annual reporting hours: FR 2572, 75 hours; and FR 2572S, 263 hours.
Estimated average hours per response: FR 2572, 0.25 hours; and FR
2572S, 1.50 hours.
Number of respondents: FR 2572, 150; and FR 2572S, 175.
General description of report: This information collection is
authorized pursuant section 136(b) of the Truth in Lending Act, 15
U.S.C. 1646(b). Reporting the FR 2572 is required of the 25 largest
issuers; other financial institutions participate voluntarily. The data
are not considered confidential. Reporting the FR 2572S data is
mandatory and the identity of survey respondents is considered
confidential (5 U.S.C 552(b)(4)).
Abstract: The FR 2572 collects data on credit card pricing and
availability from a sample of at least 150 financial institutions that
offer credit cards to the general public. The information collected on
the FR 2572 is reported to Congress and made available to the public in
order to promote competition within the industry. The FR 2572S gathers
information on the number of creditors that have engaged in one or more
of the practices identified in Section 505 of the Credit Card Act.
Current Actions: The Federal Reserve proposes to discontinue
collection of the FR 2572S data. As directed by the Section 505 of the
Credit Card Act, the Federal Reserve Board conducted a one-time survey
regarding the extent to which credit card issuers adjust consumer
credit lines or interest rates based on certain factors. The Credit
Card Act required the Federal Reserve Board to complete the survey and
submit a report to Congress by May 22, 2010. For this reason, the
Federal Reserve is proposing to discontinue the FR 2572S.
Proposal To Approve Under OMB Delegated Authority the Extension for
Three Years, Without Revision, of the Following Reports
1. Report title: Survey to Obtain Information on the Relevant
Market in Individual Merger Cases.
Agency form number: FR 2060.
OMB control number: 7100-0232.
Frequency: On occasion.
Reporters: Small businesses and consumers.
Annual reporting hours: 9 hours.
Estimated average hours per response: Small businesses, 10 minutes;
Consumers, 6 minutes.
Number of respondents: 25 small businesses and 50 consumers per
survey.
General description of report: This information collection is
voluntary pursuant to the Change in Bank Control Act (12 U.S.C.
1817(j)(7)(A) and (B)), the Bank Merger Act (12 U.S.C. 1828(c)(5)), and
section 3(c)(1) of the Bank Holding Company Act (BHC Act) (12 U.S.C.
1842(c)(1)). Individual responses are confidential pursuant to the
Freedom of Information Act (5 U.S.C. 552 (b)(4) and (b)(6)) for small
businesses and consumers, respectively.
Abstract: The Federal Reserve uses this information to define
relevant banking markets for specific merger and acquisition
applications and to evaluate changes in competition that would result
from proposed transactions.
2. Report title: Request for Extension of Time to Dispose of Assets
Acquired in Satisfaction of Debts Previously Contracted.
Agency form number: FR 4006.
OMB control number: 7100-0129.
Frequency: Annual.
Reporters: BHCs.
Annual reporting hours: 505 hours.
Estimated average hours per response: 5 hours.
Number of respondents: 101.
General description of report: This information collection is
required to
[[Page 16122]]
obtain a benefit pursuant to sections 4(a) and 4(c)(2) of the BHC Act
[12 U.S.C. 1843(a) and (c)(2)] and may be given confidential treatment
upon request. The Federal Reserve has established a procedure for
requesting an extension in its Regulation Y [12 CFR 225.22(d)(1) and
225.140].
Abstract: BHC that acquired voting securities or assets through
foreclosure in the ordinary course of collecting a debt previously
contracted may not retain ownership of those shares or assets for more
than two years without prior Federal Reserve approval. There is no
formal reporting form and each request for extension must be filed at
the appropriate Reserve Bank of the BHC. The Federal Reserve uses the
information provided in the request to fulfill its statutory obligation
to supervise BHCs.
3. Report title: Stock Redemption Notification.
Agency form number: FR 4008.
OMB control number: 7100-0131.
Frequency: On occasion.
Reporters: BHCs.
Annual reporting hours: 155 hours.
Estimated average hours per response: 15.5 hours.
Number of respondents: 10
General description of report: This information collection is
mandatory pursuant to Sections 5(b) and (c) of the BHC Act (12 U.S.C.
1844(b) and (c)) and is generally not given confidential treatment.
However, a respondent may request that the information be kept
confidential on a case-by-case basis.
Abstract: The BHC Act and Regulation Y generally require a BHC to
seek prior Federal Reserve approval before purchasing or redeeming its
equity securities. Given that a BHC is exempt from this requirement if
it meets certain financial, managerial, and supervisory standards, only
a small portion of proposed stock redemptions actually require the
prior approval of the Federal Reserve. There is no formal reporting
form. The Federal Reserve uses the information provided in the
redemption notice to fulfill its statutory obligation to supervise
BHCs.
4. Report title: Information Collections Related to the Gramm-
Leach-Bliley (GLB) Act.
Agency form number: FR 4010, FR 4011, FR 4012, FR 4017, FR 4019,
and FR 4023.
OMB control number: 7100-0292.
Frequency: On occasion.
Reporters: BHCs, foreign banking organizations (FBOs), and state
member banks (SMBs).
Annual reporting hours: 3,485 hours.
Estimated average hours per response: FR 4010: BHC 3 hours, FBOs
3.5 hours; FR 4011: 10 hours; FR 4012: BHCs decertified as financial
holding companies (FHCs) 1 hour, FHCs back into compliance 10 hours; FR
4017: 4 hours; FR 4019: Regulatory relief requests 1 hour, Portfolio
company notification 1 hour; and FR 4023: 50 hours.
Number of respondents: FR 4010: BHC 35, FBOs 6; FR 4011: 6; FR
4012: BHCs decertified as FHCs 80, FHCs back into compliance 20; FR
4017: 3; FR 4019: Regulatory relief requests 5, Portfolio company
notification 2; FR 4023: 60.
General description of report: The FR 4010 is required to obtain a
benefit and is authorized under Section 4(l)(1)(C) of the BHC Act, 12
U.S.C. 1843(l)(1)(C); section 8(a) of the International Banking Act, 12
U.S.C. 3106(a); and sections 225.82 and 225.91 of Regulation Y, 12 CFR
225.82 and 225.91.
The FR 4011 is voluntary and is authorized under Sections 4(j) and
4(k) of the BHC Act, 12 U.S.C. 1843(j) through (k); and sections
225.88, and 225.89, of Regulation Y, 12 CFR 225.88, and 225.89.
The FR 4012 is mandatory and is authorized under Section 4(l)(1)
and 4(m) of the BHC Act, 12 U.S.C. 1843(l)(1) and (m); section 8(a) of
the International Banking Act, 12 U.S.C. 3106(a); and sections 225.83
and 225.93 of Regulation Y, 12 CFR 225.83 and 225.93.
The FR 4017 is required to obtain a benefit and is authorized under
Section 9 of the Federal Reserve Act, 12 U.S.C. 335; and section 208.76
of Regulation H, 12 CFR 208.76.
The FR 4019 is required to obtain a benefit and is authorized under
Section 4(k)(7) of the BHC Act, 12 U.S.C. 1843(k)(7); and sections
225.171(e)(3), 225.172(b)(4), and 225.173(c)(2) of Regulation Y, 12 CFR
225.171(e)(3), 225.172(b)(4), and 225.173(c)(2).
The FR 4023 is mandatory and is authorized under Section 4(k)(7) of
the BHC Act, 12 U.S.C. 1843(k)(7); and sections 225.171(e)(4) and
225.175 of Regulation Y, 12 CFR 225.171(e)(4) and 225.175.
For the FR 4010, FR 4011, FR 4017, FR 4019, and information related
to a failure to meet capital requirements on the FR 4012, a company may
request confidential treatment of the information contained in these
information collections pursuant to section (b)(4) and (b)(6) of the
Freedom of Information Act (FOIA)(5 U.S.C. 552 (b)(4) and (b)(6)).
Information related to a failure to meet management requirements on the
FR 4012 is confidential and exempt from disclosure under section
(b)(4), because the release of this information would cause substantial
harm to the competitive position of the entity, and (b)(8) if the
information is 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. Since the
Federal Reserve does not collect the FR 4023, no issue of
confidentiality under the FOIA arises. FOIA will only be implicated if
the Board's examiners retained a copy of the records in their
examination or supervision of the institution, and would likely be
exempt from disclosure pursuant to FOIA (5 U.S.C. 552(b)(4), (b)(6),
and (b)(8)).
Abstract: Each BHC or FBO seeking FHC status must file the FR 4010
declaration, which includes information needed to verify eligibility
for FHC status. By filing the FR 4011, a requestor may ask the Board to
determine that an activity is financial in nature, to issue an advisory
opinion that an activity is within the scope of an activity previously
determined to be financial in nature, or to approve engagement in an
activity complementary to a financial activity. Any FHC ceasing to meet
capital or managerial prerequisites for FHC status must notify the
Board of the deficiency by filing the FR 4012 and often must submit
plans to the Board to cure the deficiency. Any SMB seeking to establish
a financial subsidiary must seek the Board's prior approval by
submitting the FR 4017. Any FHC seeking to extend the 10-year holding
period for a merchant banking investment must submit the FR 4019 to
apply for the Board's prior approval, and a FHC also must notify the
Board if it routinely manages or operates a portfolio company for more
than nine months. All FHCs engaging in merchant banking activities must
keep records of those activities, and make them available to examiners
as specified in the FR 4023 requirements.
There are no formal reporting forms for these collections of
information, which are event generated, though in each case the type of
information required to be filed is described in the Board's
regulations. These collections of information are required pursuant to
amendments made by the GLB Act to the BHC Act or the Federal Reserve
Act, or Board regulations issued to carry out the GLB Act.
5. Report title: Notice Claiming Status as an Exempt Transfer
Agent.
Agency form number: FR 4013.
OMB control number: 7100-0137.
Frequency: On occasion.
Reporters: BHCs, and certain trust companies.
[[Page 16123]]
Annual reporting hours: 20 hours.
Estimated average hours per response: 2 hours.
Number of respondents: 10.
General description of report: This information collection is
mandatory pursuant to section 17A(c) of the Securities Exchange Act of
1934 (15 U.S.C. 78q-1(c)) as amended by the Securities Acts Amendments
of 1975. The Federal Reserve is authorized to collect these data from
state member banks or their subsidiaries, and BHCs or their
subsidiaries (except national banks and state nonmember banks that are
insured by the FDIC) by 15 U.S.C. 78c(a)(34)(B)(ii). The data collected
are not given confidential treatment.
Abstract: Banks, BHCs, and trust companies subject to the Federal
Reserve's supervision that are low-volume transfer agents voluntarily
file the notice on occasion with the Federal Reserve. Transfer agents
are institutions that provide securities transfer, registration,
monitoring, and other specified services on behalf of securities
issuers. The purpose of the notice, which is effective until the agent
withdraws it, is to claim exemption from certain rules and regulations
of the Securities and Exchange Commission (SEC). The Federal Reserve
uses the notices for supervisory purposes because the SEC has assigned
to the Federal Reserve responsibility for collecting the notices and
verifying their accuracy through examinations of the respondents. There
is no formal reporting form and each notice is filed as a letter.
6. Report title: Investment in Bank Premises Notification.
Agency form number: FR 4014.
OMB control number: 7100-0139.
Frequency: On occasion.
Reporters: SMBs.
Annual reporting hours: 7 hours.
Estimated average hours per response: 30 minutes.
Number of respondents: 13.
General description of report: This information collection is
required to obtain a benefit pursuant to Section 24A(a) of the Federal
Reserve Act (12 U.S.C. 371d(a)) and is not given confidential
treatment. However, a respondent may request confidential treatment for
all or part of a notification, which would be reviewed on a case-by-
case basis.
Abstract: The Federal Reserve Act requires an SMB to seek prior
Federal Reserve approval before making an investment in bank premises
that exceeds certain thresholds. There is no formal reporting form, and
each required request for prior approval must be filed as a
notification with the appropriate Reserve Bank of the SMB. The Federal
Reserve uses the information provided in the notice to fulfill its
statutory obligation to supervise SMBs.
Board of Governors of the Federal Reserve System, March 26, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010-7164 Filed 3-30-10; 8:45 am]
BILLING CODE 6210-01-P