Proposed Agency Information Collection Activities; Comment Request, 15009-15011 [2015-06363]
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
President) 2200 North Pearl Street,
Dallas, Texas 75201–2272:
1. First Bank Lubbock Bancshares,
Inc., Lubbock, Texas; to acquire voting
shares of First National Bank of
Colorado City, Colorado City, Texas.
Board of Governors of the Federal Reserve
System, March 17, 2015.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2015–06398 Filed 3–19–15; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
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), to approve of and
assign OMB control numbers to
collection of information requests and
requirements conducted or sponsored
by the Board. 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 19, 2015.
ADDRESSES: You may submit comments,
identified by FR Y–6, FR Y–7, FR Y–10,
or FR Y–10E, by any of the following
methods:
• Agency Web site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx.
• 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: Robert deV. Frierson,
Secretary, Board of Governors of the
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AGENCY:
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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/apps/foia/
proposedregs.aspx 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 3515, 1801 K Street
(between 18th and 19th Streets NW.)
Washington, DC 20006 between 9:00
a.m. and 5:00 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/apps/
reportforms/review.aspx or may be
requested from the agency clearance
officer, whose name appears below.
Federal Reserve Board Acting
Clearance Officer—Mark Tokarski—
Office of the Chief Data Officer, 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 Proposal
The following information collection,
which is being handled under this
delegated authority, has received initial
Board approval and is hereby published
for comment. At the end of the comment
period, the proposed information
collection, 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;
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15009
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, With Revision, of the
Following Report
Report title: Annual Report of Holding
Companies; Annual Report of Foreign
Banking Organizations; Report of
Changes in Organizational Structure;
Supplement to the Report of Changes in
Organizational Structure.
Agency form number: FR Y–6; FR Y–
7; FR Y–10; FR Y–10E.
OMB control number: 7100–0297.
Frequency: FR Y–6: Annual; FR Y–7:
Annual; FR Y–10: Event-generated; FR
Y–10E: Event-generated.
Reporters: Bank holding companies
(BHCs) and savings and loan holding
companies (SLHCs) (collectively,
holding companies (HCs)), securities
holding companies, foreign banking
organizations (FBOs), state member
banks unaffiliated with a BHC, Edge Act
and agreement corporations, and
nationally chartered banks that are not
controlled by a BHC (with regard to
their foreign investments only).
Estimated annual reporting hours: FR
Y–6: 26,477 hours; FR Y–7: 972 hours;
FR Y–10 initial: 530 hours; FR Y–10
ongoing: 39,735 hours; FR Y–10E: 2,649
hours.
Estimated average hours per response:
FR Y–6: 5.5 hours; FR Y–7: 4 hours; FR
Y–10 initial: 1 hour; FR Y–10 ongoing:
2.5 hours; FR Y–10E: 0.5 hours.
Number of respondents: FR Y–6:
4,814; FR Y–7: 243; FR Y–10 initial:
530; FR Y–10 ongoing: 5,298; FR Y–10E:
5,298.
General description of report: These
information collections are mandatory
as follows:
FR Y–6: Section 5(c)(1)(A) of the Bank
Holding Company Act (BHC Act) (12
U.S.C. 1844(c)(1)(A)), sections 8(a) and
13(a) of the International Banking Act
(IBA) (12 U.S.C. 3106(a) and 3108(a)),
sections 11(a)(1), 25, and 25A of the
Federal Reserve Act (12 U.S.C. 248(a)(1),
602, and 611a), and sections 113, 312,
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
618, and 809 of the Dodd-Frank Act (12
U.S.C. 5361, 5412, 1850a(c)(1), and
5468(b)(1), respectively).
FR Y–7: Sections 8(a) and 13(a) of the
IBA (12 U.S.C. 3106(a) and 3108(a)) and
sections 113, 312, 618, and 809 of the
Dodd-Frank Act (12 U.S.C. 5361, 5412,
1850a(c)(1), and 5468(b)(1),
respectively).
FR Y–10 and FR Y–10E: Sections 4(k)
and 5(c)(1)(A) of the BHC Act (12 U.S.C.
1843(k), 1844(c)(1)(A)), section 8(a) of
the IBA (12 U.S.C. 3106(a)), sections
11(a)(1), 25(7), and 25A of the Federal
Reserve Act (12 U.S.C. 248(a)(1), 321,
601, 602, 611a, 615, and 625), and
sections 113, 312, 618, and 809 of the
Dodd-Frank Act (12 U.S.C. 5361, 5412,
1850a(c)(1), and 5468(b)(1),
respectively).
The data collected in the FR Y–6, FR
Y–7, FR Y–10, and FR Y–10E are not
considered confidential. With regard to
information that a banking organization
may deem confidential, the institution
may request confidential treatment of
such information under one or more of
the exemptions in the Freedom of
Information Act (FOIA) (5 U.S.C. 552).
The most likely case for confidential
treatment will be based on FOIA
exemption 4, which permits an agency
to exempt from disclosure ‘‘trade secrets
and commercial or financial information
obtained from a person and privileged
and confidential,’’ (5 U.S.C. 552(b)(4)).
To the extent an institution can
establish the potential for substantial
competitive harm, such information
would be protected from disclosure
under the standards set forth in
National Parks & Conservation
Association v. Morton, 498 F.2d 765
(D.C. Cir. 1974). Exemption 6 of FOIA
might also apply with regard to the
respondents’ submission of non-public
personal information of owners,
shareholders, directors, officers and
employees of respondents. Exemption 6
covers ‘‘personnel and medical files and
similar files the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy,’’ (5 U.S.C.
552(b)(6)). All requests for confidential
treatment would need to be reviewed on
a case-by-case basis and in response to
a specific request for disclosure.
Abstract: The FR Y–6 is an annual
information collection submitted by toptier HCs and non-qualifying FBOs. It
collects financial data, an organization
chart, verification of domestic branch
data, and information about
shareholders. The Federal Reserve uses
the data to monitor holding company
operations and determine holding
company compliance with the
provisions of the BHC Act, Regulation Y
(12 CFR part 225), the Home Owners’
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Loan Act (HOLA), and Regulation LL
(12 CFR part 238).
The FR Y–7 is an annual information
collection submitted by qualifying FBOs
to update their financial and
organizational information with the
Federal Reserve. The FR Y–7 collects
financial, organizational, and
managerial information. The Federal
Reserve uses information to assess an
FBO’s ability to be a continuing source
of strength to its U.S. operations, and to
determine compliance with U.S. laws
and regulations.
The FR Y–10 is an event-generated
information collection submitted by
FBOs; top-tier HCs; security holding
companies as authorized under Section
618 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act of
2010 (12 U.S.C. 1850a(c)(1)); state
member banks unaffiliated with a BHC;
Edge Act and agreement corporations
that are not controlled by a member
bank, a domestic BHC, or a FBO; and
nationally chartered banks that are not
controlled by a BHC (with regard to
their foreign investments only) to
capture changes in their regulated
investments and activities. The Federal
Reserve uses the data to monitor
structure information on subsidiaries
and regulated investments of these
entities engaged in banking and
nonbanking activities. The FR Y–10E is
a free-form supplement that may be
used to collect additional structural
information deemed to be critical and
needed in an expedited manner.
Current Actions: The Federal Reserve
proposes to collect the Legal Entity
Identifier (LEI) for all banking and
nonbanking legal entities reportable on
the Banking, Non-Banking, SLHC, and
4K schedules (not the Branch schedules)
of the FR Y–10 and on the Organization
Chart section of the FR Y–6 and FR Y–
7. The LEI is a 20-character
alphanumeric code that is universal and
uniquely corresponds to a single legal
entity.1 The Federal Reserve is only
proposing requiring the reporting of an
LEI if one has already been issued for
the reportable entity at the time of
1 ISO 17442:2012 defines the term ‘‘legal entities’’
to include, but is not limited to, unique parties that
are legally or financially responsible for the
performance of financial transactions or have the
legal right in their jurisdiction to enter
independently into legal contracts, regardless of
whether they are incorporated or constituted in
some other way (e.g., all financial intermediaries,
banks and finance companies, all entities that issue
equity, debt or other securities for other capital
structures, all entities listed on an exchange, all
entities under the purview of a financial regulator
and their affiliates, subsidiaries, and holding
companies, counterparties to financial
transactions). It excludes natural persons, but
includes governmental organizations and
supranationals.
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collection. At this time, the Federal
Reserve is not requiring an LEI to be
obtained for the sole purpose of
reporting the LEI on the FR Y–6, FR Y–
7, and FR Y–10.
As evident by the recent financial
crisis, it was difficult for regulators to
precisely identify parties involved in
financial transactions domestically and
internationally. At the time, there was
no unified global identification system
for to link legal entities with different
and multiple regulators and
jurisdictions. The Board and each
financial regulatory agency assigns its’
own internal primary identifier to the
entities that it regulates, such as the
Federal Reserve’s Research Statistics
Supervision and Discount Identification
(i.e., RSSD ID) number, FDIC’s
Certificate number, and OCC’s Charter
number.
Several years ago, the Financial
Stability Board began leading an
international initiative to implement a
global identifier system that would
uniquely identify parties to financial
transactions, and in January 2013, the
LEI Regulatory Oversight Committee
was established to oversee the Global
Legal Entity Identifier System.
Domestically, the Financial Stability
Oversight Council’s Data Committee has
encouraged U.S. financial regulators to
review and incorporate LEIs in their
data collections that would most benefit
for purposes of improving financial
stability monitoring. As the usage of LEI
becomes more prominent, it would
enable examiners, economists, and
financial analysts to perform improved
analyses, particularly during stressed
market conditions, and would assist the
regulatory community and the financial
services industry at large, both
domestically and internationally. In
addition, it is expected that the use of
the LEI among the regulators will
expand to facilitate better information
sharing and coordination regarding
domestic financial policy, rulemaking,
examinations, reporting requirements,
and enforcement actions. The U.S.
Commodity Futures Trading
Commission, the U.S. Securities and
Exchange Commission, and the National
Association of Insurance Commissioners
have already incorporated LEI in some
of their data collections, and the
Consumer Financial Protection Bureau
has recently proposed replacing the
existing Home Mortgage Disclosure Act
(HMDA) Reporter’s Identification
number in HMDA submissions with
LEI.2 A uniform, global LEI would assist
regulators, supervisors, and public
researchers and firms to more effectively
2 79
FR 51731.
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
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measure and monitor systemic risk and
counterparty exposure, as well as
improve operational efficiencies. A
single global system would help support
the shared objective of a more stable
financial system.
While the Federal Reserve has
considered retrieving LEI’s from the
issuers directly, this method has been
deemed as ineffective since the
associated structure data is very limited
at this time. Reconciling the entity’s LEI
with their current structure data would
be difficult and most likely result in
inaccuracies given that so many
institutions have similar attributes, such
as entity names. Therefore, obtaining
the LEI directly from the reporting
entity is the most reliable source to
accurately match an entity with the
correct LEI.
The Federal Reserve proposes to add
the LEI to the FR Y–6 and FR Y–7
organizational chart effective with fiscal
year ends beginning June 30, 2015.
Submission of existing LEI information
would follow the normal FR Y–6 and FR
Y–7 submission deadlines. The Federal
Reserve proposes a one-time
information collection to populate
existing LEI data for all FR Y–10
reportable entities (excluding branches),
as of June 30, 2015. Respondents would
submit this information no later than
September 30, 2015. LEIs issued after
June 30, 2015, should be reported on the
appropriate FR Y–10 schedules. For all
LEIs assigned between June 30, 2015,
and September 30, 2015, information
must be received at the appropriate
Federal Reserve Bank by October 30,
2015. The Federal Reserve would
provide a means for institutions to
provide their one-time submission data
in a format easier than individual FR Y–
10 submissions.
Question: Comments are invited on
whether collecting existing LEI
information only from entities that are
reportable on the FR Y–10 would be
sufficient rather than collecting LEI
information from all entities reportable
on the FR Y–6 and FR Y–7
organizational charts.
Board of Governors of the Federal Reserve
System, March 16, 2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015–06363 Filed 3–19–15; 8:45 am]
BILLING CODE 6210–01–P
GENERAL SERVICES
ADMINISTRATION
[NOTICE–MVA–2015–01; Docket No. 2015–
0002; Sequence No. 4]
Notice of a Class Deviation To Address
Commercial Supplier Agreement
Terms Inconsistent With Federal Law
Office of Government-wide
Policy, General Services
Administration.
ACTION: Request for Information (RFI).
AGENCY:
The Office of Acquisition
Policy is requesting feedback on a
proposed class deviation to the Federal
Acquisition Regulation (FAR) and the
General Services Acquisition Regulation
(GSAR) to address common Commercial
Supplier Agreement terms that are
inconsistent with or create ambiguity
with Federal law. This class deviation
will go into effect forty-five (45) days
from the date of publication of this RFI
in the Federal Register, after
considering comments received.
DATES: Comments: Interested parties
should submit written comments to the
Regulatory Secretariat Division at one of
the addresses shown below on or before
April 20, 2015.
ADDRESSES: Submit comments in
response to Notice—MVA–2015–01 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘Notice—MVA–2015–01’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘Notice—MVA–2015–
01’’ and follow the instructions
provided on the screen. Please include
your name, company name (if any), and
‘‘Notice—MVA–2015–01’’ on your
attached document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers/Notice—
MVA–2015–01, 1800 F Street NW., 2nd
Floor, Washington, DC 20405–0001.
Instructions: Please submit comments
only and cite Notice—MVA–2015–01 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
James Tsujimoto, Program Analyst,
Acquisition Policy Division, at
telephone 202–208–3585 or email
james.tsujimoto@gsa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
GSA defines Commercial Supplier
Agreements as terms and conditions
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15011
that are customarily offered to the
public by vendors of supplies or
services that meet the definition of
‘‘commercial item’’ and are intended to
create a binding legal obligation on the
end user. Commercial Supplier
Agreements are particularly common in
information technology acquisitions,
including acquisitions of commercial
computer software and commercial
technical data, but they may apply to
any supply or service.
Customarily, commercial item
supplies and services are offered to the
public under standard agreements that
may take a variety of forms, including
license agreements, terms of service
(TOS), terms of sale or purchase, and
similar agreements. These customary,
standard Commercial Supplier
Agreements typically contain terms and
conditions that make sense when the
purchaser is a private party but are
inappropriate when the purchaser is the
Federal Government.
The existence of Federallyincompatible terms in contractors’
standard Commercial Supplier
Agreements has long been recognized in
FAR 27.405–3(b), which is limited to
the acquisition of commercial computer
software. This clause advises
contracting officers to exercise caution
when accepting a contractor’s terms and
conditions. However, the use of
Commercial Supplier Agreements is not
limited to information technology
acquisitions; Commercial Supplier
Agreements have become ubiquitous in
a broad variety of contexts, from travel
to telecommunications to financial
services to building maintenance
systems, including purchases below the
simplified acquisition threshold.
Discrepancies between Commercial
Supplier Agreements and Federal law or
the Government’s needs create recurrent
points of inconsistency. Below are
several examples of incompatible
clauses that are commonly found in
Commercial Supplier Agreements:
• Jurisdiction or venue clauses may
require that disputes be resolved in a
particular state or Federal court. Such
clauses conflict with the sovereign
immunity of the US Government and
cannot apply to litigation where the US
Government is a defendant because
those disputes must be heard either in
US District Court (28 U.S.C. 1346) or the
US Court of Federal Claims (28 U.S.C.
1491).
• Automatic renewal clauses may
automatically renew or extend contracts
unless affirmative action is taken by the
Government. Such clauses that require
the obligation of funds prior to
appropriation violate the restrictions of
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Agencies
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15009-15011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06363]
-----------------------------------------------------------------------
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),
to approve of and assign OMB control numbers to collection of
information requests and requirements conducted or sponsored by the
Board. 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 19, 2015.
ADDRESSES: You may submit comments, identified by FR Y-6, FR Y-7, FR Y-
10, or FR Y-10E, by any of the following methods:
Agency Web site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
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: Robert deV. Frierson, 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/apps/foia/proposedregs.aspx 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
3515, 1801 K Street (between 18th and 19th Streets NW.) Washington, DC
20006 between 9:00 a.m. and 5:00 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/apps/reportforms/review.aspx or may be requested
from the agency clearance officer, whose name appears below.
Federal Reserve Board Acting Clearance Officer--Mark Tokarski--
Office of the Chief Data Officer, 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 Proposal
The following information collection, which is being handled under
this delegated authority, has received initial Board approval and is
hereby published for comment. At the end of the comment period, the
proposed information collection, 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, With Revision, of the Following Report
Report title: Annual Report of Holding Companies; Annual Report of
Foreign Banking Organizations; Report of Changes in Organizational
Structure; Supplement to the Report of Changes in Organizational
Structure.
Agency form number: FR Y-6; FR Y-7; FR Y-10; FR Y-10E.
OMB control number: 7100-0297.
Frequency: FR Y-6: Annual; FR Y-7: Annual; FR Y-10: Event-
generated; FR Y-10E: Event-generated.
Reporters: Bank holding companies (BHCs) and savings and loan
holding companies (SLHCs) (collectively, holding companies (HCs)),
securities holding companies, foreign banking organizations (FBOs),
state member banks unaffiliated with a BHC, Edge Act and agreement
corporations, and nationally chartered banks that are not controlled by
a BHC (with regard to their foreign investments only).
Estimated annual reporting hours: FR Y-6: 26,477 hours; FR Y-7: 972
hours; FR Y-10 initial: 530 hours; FR Y-10 ongoing: 39,735 hours; FR Y-
10E: 2,649 hours.
Estimated average hours per response: FR Y-6: 5.5 hours; FR Y-7: 4
hours; FR Y-10 initial: 1 hour; FR Y-10 ongoing: 2.5 hours; FR Y-10E:
0.5 hours.
Number of respondents: FR Y-6: 4,814; FR Y-7: 243; FR Y-10 initial:
530; FR Y-10 ongoing: 5,298; FR Y-10E: 5,298.
General description of report: These information collections are
mandatory as follows:
FR Y-6: Section 5(c)(1)(A) of the Bank Holding Company Act (BHC
Act) (12 U.S.C. 1844(c)(1)(A)), sections 8(a) and 13(a) of the
International Banking Act (IBA) (12 U.S.C. 3106(a) and 3108(a)),
sections 11(a)(1), 25, and 25A of the Federal Reserve Act (12 U.S.C.
248(a)(1), 602, and 611a), and sections 113, 312,
[[Page 15010]]
618, and 809 of the Dodd-Frank Act (12 U.S.C. 5361, 5412, 1850a(c)(1),
and 5468(b)(1), respectively).
FR Y-7: Sections 8(a) and 13(a) of the IBA (12 U.S.C. 3106(a) and
3108(a)) and sections 113, 312, 618, and 809 of the Dodd-Frank Act (12
U.S.C. 5361, 5412, 1850a(c)(1), and 5468(b)(1), respectively).
FR Y-10 and FR Y-10E: Sections 4(k) and 5(c)(1)(A) of the BHC Act
(12 U.S.C. 1843(k), 1844(c)(1)(A)), section 8(a) of the IBA (12 U.S.C.
3106(a)), sections 11(a)(1), 25(7), and 25A of the Federal Reserve Act
(12 U.S.C. 248(a)(1), 321, 601, 602, 611a, 615, and 625), and sections
113, 312, 618, and 809 of the Dodd-Frank Act (12 U.S.C. 5361, 5412,
1850a(c)(1), and 5468(b)(1), respectively).
The data collected in the FR Y-6, FR Y-7, FR Y-10, and FR Y-10E are
not considered confidential. With regard to information that a banking
organization may deem confidential, the institution may request
confidential treatment of such information under one or more of the
exemptions in the Freedom of Information Act (FOIA) (5 U.S.C. 552). The
most likely case for confidential treatment will be based on FOIA
exemption 4, which permits an agency to exempt from disclosure ``trade
secrets and commercial or financial information obtained from a person
and privileged and confidential,'' (5 U.S.C. 552(b)(4)). To the extent
an institution can establish the potential for substantial competitive
harm, such information would be protected from disclosure under the
standards set forth in National Parks & Conservation Association v.
Morton, 498 F.2d 765 (D.C. Cir. 1974). Exemption 6 of FOIA might also
apply with regard to the respondents' submission of non-public personal
information of owners, shareholders, directors, officers and employees
of respondents. Exemption 6 covers ``personnel and medical files and
similar files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy,'' (5 U.S.C. 552(b)(6)). All
requests for confidential treatment would need to be reviewed on a
case-by-case basis and in response to a specific request for
disclosure.
Abstract: The FR Y-6 is an annual information collection submitted
by top-tier HCs and non-qualifying FBOs. It collects financial data, an
organization chart, verification of domestic branch data, and
information about shareholders. The Federal Reserve uses the data to
monitor holding company operations and determine holding company
compliance with the provisions of the BHC Act, Regulation Y (12 CFR
part 225), the Home Owners' Loan Act (HOLA), and Regulation LL (12 CFR
part 238).
The FR Y-7 is an annual information collection submitted by
qualifying FBOs to update their financial and organizational
information with the Federal Reserve. The FR Y-7 collects financial,
organizational, and managerial information. The Federal Reserve uses
information to assess an FBO's ability to be a continuing source of
strength to its U.S. operations, and to determine compliance with U.S.
laws and regulations.
The FR Y-10 is an event-generated information collection submitted
by FBOs; top-tier HCs; security holding companies as authorized under
Section 618 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (12 U.S.C. 1850a(c)(1)); state member banks
unaffiliated with a BHC; Edge Act and agreement corporations that are
not controlled by a member bank, a domestic BHC, or a FBO; and
nationally chartered banks that are not controlled by a BHC (with
regard to their foreign investments only) to capture changes in their
regulated investments and activities. The Federal Reserve uses the data
to monitor structure information on subsidiaries and regulated
investments of these entities engaged in banking and nonbanking
activities. The FR Y-10E is a free-form supplement that may be used to
collect additional structural information deemed to be critical and
needed in an expedited manner.
Current Actions: The Federal Reserve proposes to collect the Legal
Entity Identifier (LEI) for all banking and nonbanking legal entities
reportable on the Banking, Non-Banking, SLHC, and 4K schedules (not the
Branch schedules) of the FR Y-10 and on the Organization Chart section
of the FR Y-6 and FR Y-7. The LEI is a 20-character alphanumeric code
that is universal and uniquely corresponds to a single legal entity.\1\
The Federal Reserve is only proposing requiring the reporting of an LEI
if one has already been issued for the reportable entity at the time of
collection. At this time, the Federal Reserve is not requiring an LEI
to be obtained for the sole purpose of reporting the LEI on the FR Y-6,
FR Y-7, and FR Y-10.
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\1\ ISO 17442:2012 defines the term ``legal entities'' to
include, but is not limited to, unique parties that are legally or
financially responsible for the performance of financial
transactions or have the legal right in their jurisdiction to enter
independently into legal contracts, regardless of whether they are
incorporated or constituted in some other way (e.g., all financial
intermediaries, banks and finance companies, all entities that issue
equity, debt or other securities for other capital structures, all
entities listed on an exchange, all entities under the purview of a
financial regulator and their affiliates, subsidiaries, and holding
companies, counterparties to financial transactions). It excludes
natural persons, but includes governmental organizations and
supranationals.
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As evident by the recent financial crisis, it was difficult for
regulators to precisely identify parties involved in financial
transactions domestically and internationally. At the time, there was
no unified global identification system for to link legal entities with
different and multiple regulators and jurisdictions. The Board and each
financial regulatory agency assigns its' own internal primary
identifier to the entities that it regulates, such as the Federal
Reserve's Research Statistics Supervision and Discount Identification
(i.e., RSSD ID) number, FDIC's Certificate number, and OCC's Charter
number.
Several years ago, the Financial Stability Board began leading an
international initiative to implement a global identifier system that
would uniquely identify parties to financial transactions, and in
January 2013, the LEI Regulatory Oversight Committee was established to
oversee the Global Legal Entity Identifier System. Domestically, the
Financial Stability Oversight Council's Data Committee has encouraged
U.S. financial regulators to review and incorporate LEIs in their data
collections that would most benefit for purposes of improving financial
stability monitoring. As the usage of LEI becomes more prominent, it
would enable examiners, economists, and financial analysts to perform
improved analyses, particularly during stressed market conditions, and
would assist the regulatory community and the financial services
industry at large, both domestically and internationally. In addition,
it is expected that the use of the LEI among the regulators will expand
to facilitate better information sharing and coordination regarding
domestic financial policy, rulemaking, examinations, reporting
requirements, and enforcement actions. The U.S. Commodity Futures
Trading Commission, the U.S. Securities and Exchange Commission, and
the National Association of Insurance Commissioners have already
incorporated LEI in some of their data collections, and the Consumer
Financial Protection Bureau has recently proposed replacing the
existing Home Mortgage Disclosure Act (HMDA) Reporter's Identification
number in HMDA submissions with LEI.\2\ A uniform, global LEI would
assist regulators, supervisors, and public researchers and firms to
more effectively
[[Page 15011]]
measure and monitor systemic risk and counterparty exposure, as well as
improve operational efficiencies. A single global system would help
support the shared objective of a more stable financial system.
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\2\ 79 FR 51731.
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While the Federal Reserve has considered retrieving LEI's from the
issuers directly, this method has been deemed as ineffective since the
associated structure data is very limited at this time. Reconciling the
entity's LEI with their current structure data would be difficult and
most likely result in inaccuracies given that so many institutions have
similar attributes, such as entity names. Therefore, obtaining the LEI
directly from the reporting entity is the most reliable source to
accurately match an entity with the correct LEI.
The Federal Reserve proposes to add the LEI to the FR Y-6 and FR Y-
7 organizational chart effective with fiscal year ends beginning June
30, 2015. Submission of existing LEI information would follow the
normal FR Y-6 and FR Y-7 submission deadlines. The Federal Reserve
proposes a one-time information collection to populate existing LEI
data for all FR Y-10 reportable entities (excluding branches), as of
June 30, 2015. Respondents would submit this information no later than
September 30, 2015. LEIs issued after June 30, 2015, should be reported
on the appropriate FR Y-10 schedules. For all LEIs assigned between
June 30, 2015, and September 30, 2015, information must be received at
the appropriate Federal Reserve Bank by October 30, 2015. The Federal
Reserve would provide a means for institutions to provide their one-
time submission data in a format easier than individual FR Y-10
submissions.
Question: Comments are invited on whether collecting existing LEI
information only from entities that are reportable on the FR Y-10 would
be sufficient rather than collecting LEI information from all entities
reportable on the FR Y-6 and FR Y-7 organizational charts.
Board of Governors of the Federal Reserve System, March 16,
2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015-06363 Filed 3-19-15; 8:45 am]
BILLING CODE 6210-01-P