Proposed Agency Information Collection Activities; Comment Request, 15108-15110 [2012-6074]

Agencies

• FEDERAL RESERVE SYSTEM

[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15108-15110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6074]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: 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), 
pursuant to 5 CFR

[[Page 15109]]

1320.16, to approve of and assign OMB control numbers to collection of 
information requests and requirements conducted or sponsored by the 
Board under conditions set forth in 5 CFR 1320 Appendix A.1. Board-
approved collections of information are incorporated into the official 
OMB inventory of currently approved collections of information. Copies 
of the Paperwork Reduction Act Submission, supporting statements and 
approved collection of information instruments are placed into OMB's 
public docket files. The Federal Reserve may not conduct or sponsor, 
and the respondent is not required to respond to, an information 
collection that has been extended, revised, or implemented on or after 
October 1, 1995, unless it displays a currently valid OMB control 
number.

DATES: Comments must be submitted on or before May 14, 2012.

ADDRESSES: You may submit comments, identified by FR 2064 or Reg W by 
any of the following methods:
     Agency Web Site: https://www.federalreserve.gov. Follow the 
instructions for submitting comments at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: regs.comments@federalreserve.gov. Include OMB 
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 
www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information. Public 
comments may also be viewed electronically or in paper form in Room MP-
500 of the Board's Martin Building (20th and C Streets NW.) between 9 
a.m. and 5 p.m. on weekdays.
    Additionally, commenters may send a copy of their comments to the 
OMB Desk Officer--Shagufta Ahmed--Office of Information and Regulatory 
Affairs, 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.
    Federal Reserve Board Clearance Officer--Cynthia Ayouch--Division 
of Research and Statistics, Board of Governors of the Federal Reserve 
System, Washington, DC 20551 (202-452-3829).
    Telecommunications Device for the Deaf (TDD) users may contact 
(202-263-4869), Board of Governors of the Federal Reserve System, 
Washington, DC 20551.

SUPPLEMENTARY INFORMATION: 

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;
    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; and
    e. Estimates of capital or start up costs and costs of operation, 
maintenance, and purchase of services to provide information.

Proposal To Approve Under OMB Delegated Authority the Extension for 
Three Years, Without Revision, of the Following Reports

    1. Report title: Recordkeeping Requirements Associated with Changes 
in Foreign Investments (Made Pursuant to Regulation K).
    Agency form number: FR 2064.
    OMB control number: 7100-0109.
    Frequency: On-occasion.
    Reporters: State member banks, Edge and agreement corporations, and 
bank holding companies.
    Annual reporting hours: 320 hours.
    Estimated average hours per response: 2 hours.
    Number of respondents: 40.
    General description of report: The recordkeeping requirements of 
this information collection are mandatory (Section 5(c) of the BHC Act 
(12 U.S.C. 1844(c)); Sections 7 and 13 of the International Banking Act 
of 1978 (12 U.S.C. 3105 and 3108(a)); Section 25 of the Federal Reserve 
Act (FRA) (12 U.S.C. 601-604a); Section 25A of the FRA (12 U.S.C. 611-
631); and Regulation K (12 CFR 211.8(c)-211.10(a)). Since the Federal 
Reserve does not collect any records, no issue of confidentiality under 
the Freedom of Information Act (FOIA) arises. FOIA will only be 
implicated if the Board's examiners retain a copy of the records in 
their examination or supervision of the institution, and would be 
exempt from disclosure pursuant to FOIA (5 U.S.C. 552(b)(4), (b)(6), 
and (b)(8)).
    Abstract: Internationally active U.S. banking organizations are 
required to maintain adequate internal records to allow examiners to 
review for compliance with the investment provisions of Regulation K. 
For each investment made under Subpart A of Regulation K, records 
should be maintained regarding the type of investment, for example, 
equity (voting shares, nonvoting shares, partnerships, interests 
conferring ownership rights, participating loans), binding commitments, 
capital contributions, and subordinated debt; the amount of the 
investment; the percentage ownership; activities conducted by the 
company and the legal authority for such activities; and whether the 
investment was made under general consent, prior notice, or specific 
consent authority. With respect to investments made under general 
consent authority, information also must be maintained that 
demonstrates compliance with the various limits set out in Section 
211.9 of Regulation K.
    2. Report title: Notice Requirements in Connection with Regulation 
W (12 CFR Part 223 Transactions Between Member Banks and Their 
Affiliates).
    Agency form number: Reg W.
    OMB control number: 7100-0304.
    Frequency: Event-generated.
    Reporters: Insured depository institutions and uninsured member 
banks.

[[Page 15110]]

    Estimated Annual reporting hours: 100 hours.
    Estimated average hours per response: Loan participation renewal 
notice, 2 hours; Acquisition notice, 6 hours; Internal corporate 
reorganization transactions notice, 6 hours; and Section 23A additional 
exemption notice, 10 hours.
    Number of respondents: Loan participation renewal notice, 1; 
Acquisition notice, 1; Internal corporate reorganization transactions 
notice, 12; and Section 23A additional exemption notice, 2.
    General description of report: This information collection is 
required to evidence compliance with sections 23A and 23B of the 
Federal Reserve Act (12 U.S.C. 371c and 371c-1). Confidential and 
proprietary information collected for the purposes of the Loan 
Participation Renewal notice (12 CFR 223.15(b)(4)) may be protected 
under the authority of section (b)(4) of FOIA [5 U.S.C. 552(b)(4)]. 
That section of FOIA exempts commercial or financial information deemed 
competitively sensitive from disclosure. Respondents who desire that 
the information on this notice be kept confidential in accordance with 
section (b)(4) can request confidential treatment under the Board's 
rules at 12 CFR 261.15. In addition, information that is obtained as 
part of an examination of a financial institution is exempt from 
disclosure under exemption (b)(8) of FOIA. 5 U.S.C. 552(b)(8).
    Abstract: On December 12, 2002, the Federal Reserve published a 
Federal Register notice \1\ adopting Regulation W (Reg W) to implement 
sections 23A and 23B. Reg W was effective April 1, 2003. The Board 
issued Reg W for several reasons. First, the regulatory framework 
established by the Gramm-Leach-Bliley Act \2\ emphasized the importance 
of sections 23A and 23B as a means to protect depository institutions 
from losses in transactions with affiliates. Second, adoption of a 
comprehensive rule simplified the interpretation and application of 
sections 23A and 23B, ensured that the statute is consistently 
interpreted and applied, and minimized burden on banking organizations 
to the extent consistent with the statute's goals. Third, issuing a 
comprehensive rule allowed the public an opportunity to comment on 
Federal Reserve interpretations of sections 23A and 23B.
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    \1\ (67 FR 76603).
    \2\ Public Law 106-102, 113 Stat. 1338 (1999).
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    The information collection requirements associated with Regulation 
W comprise four notices: (1) The Loan Participation Renewal notice (12 
CFR 223.15(b)(4)), which is a condition to an exemption for renewals of 
loan participations involving problem loans; (2) the Acquisition notice 
(12 CFR 223.31(d)(4)), which is a condition to an exemption for a 
depository institution's acquisition of an affiliate that becomes an 
operating subsidiary of the institution after the acquisition; (3) the 
Internal Corporate Reorganization Transactions notice (12 CFR 
223.41(d)(2)),which is a condition to an exemption for internal 
corporate reorganization transactions; and (4) the Section 23A 
Additional Exemption notice (12 CFR 223.43(b)),which provides 
procedures for requesting additional exemptions from the requirements 
of section 23A. These notifications are event-generated and must be 
provided to the appropriate federal banking agency and, if applicable, 
the Federal Reserve Board within the time periods established by the 
law and regulation.

    Board of Governors of the Federal Reserve System, March 8, 2012.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2012-6074 Filed 3-13-12; 8:45 am]
BILLING CODE 6210-01-P