Proposed Agency Information Collection Activities; Comment Request, 43870-43872 [2018-18550]

Download as PDF 43870 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices report a covered loan if it has met the loan origination threshold for that loan category (open-end or closed-end). The final rules generally will require covered institutions to collect and report any mortgage loan secured by a dwelling, including open-end lines of credit, regardless of the loan’s purpose. However, the final rules exclude unsecured home-improvement loans (which historically were required to be reported), dwelling-secured loans that are made principally for a commercial or business purpose, agricultural– purpose loans, and other specifically excluded loans.6 The final rules also will require collection of additional data points. For covered institutions that are otherwise not eligible for the partial exemption under section 104(a) of EGRRCPA, as discussed further below, these additional data points will be reported in 2019. These new fields include • additional information about the applicant or borrower, such as age and credit score • information about the loan pricing, such as the borrower’s total cost to obtain a mortgage, temporary introductory rates, and borrower-paid origination charges • information about loan features, such as the loan term, prepayment penalties, or non-amortizing features (such as interest only or balloon payments) • additional information about property securing the loan, such as property value and property type In addition, the Bureau’s final rules amend several existing requirements, including the requirements for collection and reporting of information regarding an applicant’s or borrower’s ethnicity, race and sex.7 Effective May 24, 2018, an institution that is eligible for the partial exemption under section 104(a) of EGRRCPA will only need to report a subset of the data points required under HMDA if it originates fewer than 500 closed-end mortgage loans in each of the two preceding calendar years.8 Consistent 6 12 CFR 1003.2(e). the complete list of data points, see 12 CFR 1003.4. 8 Section 104(a) of EGRRCPA also provides a partial exemption to the data collection and reporting requirements under HMDA for institutions that originate fewer than 500 open-end lines of credit in each of the two preceding calendar years and otherwise meet the applicable performance evaluation rating standards under CRA. However, institutions eligible for this partial exemption are already completely exempt from all data collection and reporting requirements under the temporary exemption provided by the Bureau’s final rules until January 1, 2020. daltland on DSKBBV9HB2PROD with NOTICES 7 For VerDate Sep<11>2014 20:00 Aug 27, 2018 Jkt 244001 with section 104(a) of EGRRCPA and the Bureau’s recent statement addressing the applicability of this statutory amendment to HMDA,9 the Board estimates that institutions eligible for the partial exemption will report approximately half the data points currently required by the Bureau’s final rules on the loans described above.10 The Bureau will collect the HMDA/ LAR data on behalf of the applicable Federal supervisory agency, and the data will be combined and aggregated for each Metropolitan Statistical Area (MSA). Certain aggregated data will continue to be publicly available, though the Bureau has yet to determine what the information collected in the new data fields will be disclosed once the final rules are fully effective. Legal authorization and confidentiality: The FR HMDA–LAR is authorized pursuant to section 304(j) of HMDA (12 U.S.C. 2803(j)), which requires that the Bureau prescribe by regulation the form of loan application register information that must be reported by covered financial institutions. Section 1003.5 of Regulation C implements this statutory provision, and requires covered financial institutions to submit reports to their appropriate federal agency. Section 304(h)(2)(A) of HMDA (12 U.S.C. 2803(h)(2)(A)) designates the Board as the appropriate agency with respect to the entities described above. The FR HMDA–LAR is mandatory. HMDA requires the information collected on the FR HMDA–LAR to be made available to the general public in the form proscribed by the Bureau. The Bureau is authorized to redact or modify the scope of the information before it is publicly disclosed to protect the privacy of loan applicants and to protect depository institutions from liability 9 See Bureau Statement, which provides that for loans subject to the partial exemption, ‘‘the requirements of [HMDA section 304(b)(5) and (6)] shall not apply . . . [therefore,] institutions are exempt from the collection, recording, and reporting requirements for some, but not all, of the data points specified in current Regulation C.’’ 10 Section 104(a) of EGRRCPA does not define the terms ‘‘closed-end loan’’ or ‘‘open-end line of credit.’’ However, for purposes of estimating burden, the Board is making the assumption that these terms will be used consistent with how they are currently defined in Regulation C. See 12 CFR 1002.2(d) and (o), which defines the term ‘‘closedend loan’’ and ‘‘open-end line of credit,’’ respectively. Further, for purposes of estimating burden, the Board is making the assumption that the loan volume thresholds for closed-end loans will be determined consistent with how such loan thresholds are currently used under Regulation C to determine if a transaction must be reported. See 12 CFR 1003.3(c)(11) and (12), which provides how to determine the loan threshold volume for closed-end loan reporters and open-end line of credit reporters, respectively. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 under any federal or state privacy law (12 U.S.C. 2803(j)(2)(B)). The redacted information may be kept confidential under exemption 6 of the Freedom and Information Act, which protects from release information that, if disclosed, would ‘‘constitute a clearly unwarranted invasion of personal privacy’’ (5 U.S.C. 552(b)(6)). Consultation outside the agency: The Board consulted with Bureau staff regarding the estimated burden of this information collection. Board of Governors of the Federal Reserve System, August 22, 2018. Ann Misback, Secretary of the Board. [FR Doc. 2018–18542 Filed 8–27–18; 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. ACTION: Notice, request for comment. AGENCY: The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, without revision, the Supervisory and Regulatory Survey (FR 3052; OMB No. 7100–0322). DATES: Comments must be submitted on or before October 29, 2018. ADDRESSES: You may submit comments, identified by FR 3052, by any of the following methods: • Agency website: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx. • Email: regs.comments@ federalreserve.gov. Include OMB number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Ann E. Misback, 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 website 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 NW, Washington, DC 20006, between SUMMARY: E:\FR\FM\28AUN1.SGM 28AUN1 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices 9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452–3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. 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, if approved. These documents will also be made available on the Federal Reserve Board’s public website 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 Clearance Officer—Nuha Elmaghrabi—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: On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board authority under the Paperwork Reduction Act (PRA) to approve and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board. In exercising this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies. daltland on DSKBBV9HB2PROD with NOTICES Request for Comment on Information Collection Proposal The Board invites public comment on the following information collection, which is being reviewed under authority delegated by the OMB under the PRA. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper VerDate Sep<11>2014 20:00 Aug 27, 2018 Jkt 244001 performance of the Board’s functions; including whether the information has practical utility; b. The accuracy of the Board’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 startup costs and costs of operation, maintenance, and purchase of services to provide information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Board should modify the proposal prior to giving final approval. Proposal to Under OMB Delegated Authority To Extend for Three Years, Without Revision, the Following Information Collection Report title: Supervisory and Regulatory Survey. Agency form number: FR 3052. OMB control number: 7100–0322. Frequency: On occasion. Respondents: Bank holding companies (BHCs), state member banks (SMBs), savings and loan holding companies (SLHCs), intermediate holding companies (IHCs), U.S branches and agencies of foreign banking organizations (FBOs), Edge and agreement corporations, nonbank financial companies that the Financial Stability Oversight Council (FSOC) has determined should be supervised by the Board, or the combined domestic operations of FBOs. Estimated number of respondents: 5,000. Estimated average hours per response: 0.5 hours. Estimated annual burden hours: 60,000 hours. General description of report: The FR 3052 collects information from financial institutions specifically tailored to the Federal Reserve’s supervisory, regulatory, and operational responsibilities. Examples of past surveys include collected information related to regulatory capital, operational risk loss event history, and transactions by securities dealers. The frequency and content of the questions depend on changing economic, regulatory, supervisory, or legislative developments. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 43871 The Board utilizes the survey process, as needed, to collect information on specific issues that affect its decisionmaking. The principal value of the FR 3052 is the flexibility it provides the Federal Reserve to respond quickly to the need for data due to unanticipated economic, financial, supervisory, or regulatory developments. The Board cannot predict what specific information will be needed, but such needs are generally very time sensitive. Because the relevant questions may change with each survey, there is no fixed reporting form. Written qualitative questions or questionnaires may include categorical questions, yes-no questions, ordinal questions, and open-ended questions. Written quantitative surveys may include dollar amounts, percentages, numbers of items, interest rates, and other such information. Institutions may also be required to provide copies of existing documents (for example, pertaining to practices and performances for a particular business activity). Before conducting a survey, the Board reviews any information to be collected to determine if the information is available by other means. Legal authorization and confidentiality: The FR 3052 is authorized pursuant to section 9 of the Federal Reserve Act (FRA) (12 U.S.C. 324) for SMBs; section 5 of the Bank Holding Company Act (12 U.S.C. 1844(c)(1)(A)) for BHCs and their subsidiaries; section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a(b)(1)) for SLHCs and their subsidiaries; section 7(c)(2) of International Banking Act (IBA) (12 U.S.C. 3105(c)(2)) for the U.S. branches and agencies of foreign banks; section 8 of the IBA (12 U.S.C. 3106) for foreign banking organizations; sections 25 and 25A of the FRA (12 U.S.C. 602 and 625) for Edge and agreement corporations; and section 161 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5361) for nonbank financial companies designated by FSOC for supervision by the Board. The surveys would be conducted on a voluntary basis. The questions asked on each survey would vary, so the ability of the Board to maintain the confidentiality of information collected would be determined on a case by case basis. It is possible that the information collected would constitute confidential commercial or financial information, which may be kept confidential under exemption 4 to the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(4)). In circumstances where the Board collects information related to individuals, exemption 6 to FOIA E:\FR\FM\28AUN1.SGM 28AUN1 43872 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices would protect information ‘‘the disclosure of which would constitute a clearly unwarranted invasion of personal privacy’’ (5 U.S.C. 552(b)(6)). To the extent the information collected relates to examination, operating, or condition reports prepared for the use of an agency supervising financial institutions, such information may be kept confidential under exemption 8 to FOIA (5 U.S.C. 552(b)(8)). Board of Governors of the Federal Reserve System, August 23, 2018. Ann Misback, Secretary of the Board. [FR Doc. 2018–18550 Filed 8–27–18; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Privacy Act of 1974; System of Records Board of Governors of the Federal Reserve System. ACTION: Notice of General Amendment to Federal Reserve Board of Governors Systems of Records. AGENCY: Pursuant to the provisions of the Privacy Act of 1974, notice is given that the Board of Governors of the Federal Reserve System (Board) is amending its General Routine Uses of Board Systems of Records (General Routine Uses) that apply to the Board’s systems of records, by revising an existing routine use and adding a new routine use, both related to breach response. The changes are necessary in order to comply with Office of Management and Budget (OMB) Memorandum M–17–12, ‘‘Preparing for and Responding to a Breach of Personally Identifiable Information’’ (January 3, 2017), which sets forth the two required routine uses. Accordingly, the Board is revising Routine Use I, as prescribed by OMB, which allows the Board to disclose records as necessary to respond to a suspected or confirmed breach of the system of records where the Board has determined the breach poses a risk of harm to individuals, the Board, the Federal Government, or national security, and the disclosure is reasonably necessary to assist the Board in its efforts to respond to the breach or to prevent, minimize or remedy such harm. The Board is also adding Routine Use J as prescribed by OMB to allow the Board to assist another federal agency or federal entity in that agency’s or entity’s response to a suspected or confirmed breach or efforts to prevent, minimize, or remedy the risk of harm to individuals, the agency or entity, the Federal Government, or national daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:00 Aug 27, 2018 Jkt 244001 security, resulting from a suspected or confirmed breach. These breach-response related uses are relevant and apply to all of the Board’s systems of records. Accordingly, the Board is revising its list of General Routine Uses and is amending all of the Board’s systems of records to include the revised Routine Use I and the new Routine Use J. These uses will ensure that the Board is able to respond as necessary in the event of a breach of personally identifiable information involving a Board system of records and assist other federal agencies or federal entities in their response. Breaches pose a risk of harm to individuals, and thus the revised and new routine uses will further enhance the Board’s ability to protect the privacy of individuals by allowing the Board to respond to the suspected or confirmed breach and prevent, minimize, or remedy the resulting harm posed by the breach. In order that the Board’s General Routine Uses will be contained in a single notice readily accessible by the public, the Board is republishing the General Routine Uses previously published on May 6, 2008 (73 FR 24985) which were not revised under this notice. DATES: Comments must be received on or before September 27, 2018. The revised systems of records notices and General Routine Uses will become effective September 27, 2018, without further notice, unless comments dictate otherwise. The Office of Management and Budget (OMB), which has oversight responsibility under the Privacy Act, requires a 30-day period prior to publication in the Federal Register in which to review the system and to provide any comments to the agency. The public is then given a 30-day period in which to comment, in accordance with 5 U.S.C. 552a(e)(4) and (11). The routine uses below were submitted to OMB on July 16, 2018. ADDRESSES: You may submit comments, identified by Board General Routine Uses and SORN Amendment, by any of the following methods: • Agency website: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Email: regs.comments@ federalreserve.gov. Include ‘‘Board General Routine Uses and SORN Amendment’’ in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Constitution Avenue NW, Washington, DC 20551. All public comments will be made available on the Board’s website at www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons or to remove personally identifiable information at the commenter’s request. 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. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452–3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. FOR FURTHER INFORMATION CONTACT: David B. Husband, Senior Attorney, Legal Division, (202) 530–6270, or david.b.husband@frb.gov; Alye S. Foster, Assistant General Counsel, Legal Division, or (202) 452–5289, or alye.s.foster@frb.gov. Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551, Telecommunications Device for the Deaf (TDD) users may contact (202) 263– 4869. SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a(r), a report of these systems of records is being filed with the Chair of the House Committee on Oversight and Government Reform, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. SYSTEM NAME AND NUMBER: BGFRS–1 Recruiting and Placement Records BGFRS–2 Personnel Security Systems BGFRS–3 Medical Records BGFRS–4 General Personnel Records BGFRS–5 EEO Discrimination Complaint File BGFRS–6 Disciplinary and Adverse Action Records BGFRS–7 Payroll and Leave Records BGFRS–8 Travel Records BGFRS–9 Supplier Files BGFRS–10 General Files on Board Members BGFRS–11 Official General Files BGFRS–12 Bank Officers Personnel System E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43870-43872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18550]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice, request for comment.

-----------------------------------------------------------------------

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites comment on a proposal to extend for three years, without 
revision, the Supervisory and Regulatory Survey (FR 3052; OMB No. 7100-
0322).

DATES: Comments must be submitted on or before October 29, 2018.

ADDRESSES: You may submit comments, identified by FR 3052, by any of 
the following methods:
     Agency website: https://www.federalreserve.gov. Follow the 
instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: [email protected]. Include OMB 
number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Ann E. Misback, 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 website 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 NW, Washington, DC 20006, between

[[Page 43871]]

9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the Board 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 452-3684. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
comments.
    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, if approved. These documents will also be made available 
on the Federal Reserve Board's public website 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 Clearance Officer--Nuha Elmaghrabi--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: On June 15, 1984, the Office of Management 
and Budget (OMB) delegated to the Board authority under the Paperwork 
Reduction Act (PRA) to approve and assign OMB control numbers to 
collection of information requests and requirements conducted or 
sponsored by the Board. In exercising this delegated authority, the 
Board is directed to take every reasonable step to solicit comment. In 
determining whether to approve a collection of information, the Board 
will consider all comments received from the public and other agencies.

Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information 
collection, which is being reviewed under authority delegated by the 
OMB under the PRA. Comments are invited on the following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Board's functions; including whether the 
information has practical utility;
    b. The accuracy of the Board'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 startup costs and costs of operation, 
maintenance, and purchase of services to provide information.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the Board 
should modify the proposal prior to giving final approval.

Proposal to Under OMB Delegated Authority To Extend for Three Years, 
Without Revision, the Following Information Collection

    Report title: Supervisory and Regulatory Survey.
    Agency form number: FR 3052.
    OMB control number: 7100-0322.
    Frequency: On occasion.
    Respondents: Bank holding companies (BHCs), state member banks 
(SMBs), savings and loan holding companies (SLHCs), intermediate 
holding companies (IHCs), U.S branches and agencies of foreign banking 
organizations (FBOs), Edge and agreement corporations, nonbank 
financial companies that the Financial Stability Oversight Council 
(FSOC) has determined should be supervised by the Board, or the 
combined domestic operations of FBOs.
    Estimated number of respondents: 5,000.
    Estimated average hours per response: 0.5 hours.
    Estimated annual burden hours: 60,000 hours.
    General description of report: The FR 3052 collects information 
from financial institutions specifically tailored to the Federal 
Reserve's supervisory, regulatory, and operational responsibilities. 
Examples of past surveys include collected information related to 
regulatory capital, operational risk loss event history, and 
transactions by securities dealers. The frequency and content of the 
questions depend on changing economic, regulatory, supervisory, or 
legislative developments.
    The Board utilizes the survey process, as needed, to collect 
information on specific issues that affect its decision-making. The 
principal value of the FR 3052 is the flexibility it provides the 
Federal Reserve to respond quickly to the need for data due to 
unanticipated economic, financial, supervisory, or regulatory 
developments. The Board cannot predict what specific information will 
be needed, but such needs are generally very time sensitive. Because 
the relevant questions may change with each survey, there is no fixed 
reporting form.
    Written qualitative questions or questionnaires may include 
categorical questions, yes-no questions, ordinal questions, and open-
ended questions. Written quantitative surveys may include dollar 
amounts, percentages, numbers of items, interest rates, and other such 
information. Institutions may also be required to provide copies of 
existing documents (for example, pertaining to practices and 
performances for a particular business activity). Before conducting a 
survey, the Board reviews any information to be collected to determine 
if the information is available by other means.
    Legal authorization and confidentiality: The FR 3052 is authorized 
pursuant to section 9 of the Federal Reserve Act (FRA) (12 U.S.C. 324) 
for SMBs; section 5 of the Bank Holding Company Act (12 U.S.C. 
1844(c)(1)(A)) for BHCs and their subsidiaries; section 10 of the Home 
Owners' Loan Act (12 U.S.C. 1467a(b)(1)) for SLHCs and their 
subsidiaries; section 7(c)(2) of International Banking Act (IBA) (12 
U.S.C. 3105(c)(2)) for the U.S. branches and agencies of foreign banks; 
section 8 of the IBA (12 U.S.C. 3106) for foreign banking 
organizations; sections 25 and 25A of the FRA (12 U.S.C. 602 and 625) 
for Edge and agreement corporations; and section 161 of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5361) for 
nonbank financial companies designated by FSOC for supervision by the 
Board.
    The surveys would be conducted on a voluntary basis. The questions 
asked on each survey would vary, so the ability of the Board to 
maintain the confidentiality of information collected would be 
determined on a case by case basis. It is possible that the information 
collected would constitute confidential commercial or financial 
information, which may be kept confidential under exemption 4 to the 
Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(4)). In 
circumstances where the Board collects information related to 
individuals, exemption 6 to FOIA

[[Page 43872]]

would protect information ``the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy'' (5 U.S.C. 
552(b)(6)). To the extent the information collected relates to 
examination, operating, or condition reports prepared for the use of an 
agency supervising financial institutions, such information may be kept 
confidential under exemption 8 to FOIA (5 U.S.C. 552(b)(8)).

    Board of Governors of the Federal Reserve System, August 23, 
2018.
Ann Misback,
Secretary of the Board.
[FR Doc. 2018-18550 Filed 8-27-18; 8:45 am]
 BILLING CODE 6210-01-P
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