Proposed Agency Information Collection Activities; Comment Request, 16120-16123 [2010-7164]

Download as PDF 16120 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 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 http:// 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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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: http:// 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 http:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES 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: http:// 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 VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 16121 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 E:\FR\FM\31MRN1.SGM 31MRN1 jlentini on DSKJ8SOYB1PROD with NOTICES 16122 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices 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; VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 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 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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. E:\FR\FM\31MRN1.SGM 31MRN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices 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 VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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 (http:// 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: http://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 http://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: http://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