Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB, 39850-39851 [2019-17184]

Download as PDF 39850 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices Legal authorization and confidentiality: The FR 4014 is authorized by section 24A(a) of the FRA, which requires that state member banks obtain prior Board approval before investing in bank premises that exceed certain statutory thresholds.1 The FR 4014 notification is required to obtain a benefit because banks wanting to make an investment in bank premises that exceed a certain threshold are required to notify the Federal Reserve. Generally, respondent data would not be confidential; however, individual respondents may request that the data be kept confidential on a case-by-case basis. If a respondent requests confidential treatment, the Board will determine whether the information is entitled to confidential treatment on an ad hoc basis in connection with the request. Any such determination will be made in accordance with the Freedom of Information Act 2 and the Board’s rules regarding availability of information.3 Current actions: On April 12, 2019, the Board published a notice in the Federal Register (84 FR 14938) requesting public comment for 60 days on the extension, without revision, of the FR 4014. The comment period for this notice expired on June 11, 2019. The Board did not receive any comments. Board of Governors of the Federal Reserve System, August 7, 2019. Michele Taylor Fennell, Assistant Secretary of the Board. [FR Doc. 2019–17188 Filed 8–9–19; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB Board of Governors of the Federal Reserve System. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is adopting a proposal to extend for three years, without revision, the Reporting, Recordkeeping, and Disclosure Requirements Associated with Regulation NN (FR NN; OMB No. 7100– 0353). FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance jspears on DSK3GMQ082PROD with NOTICES AGENCY: 1 12 U.S.C. 371d(a). The Board has the authority to require state member banks to submit information as the Board deems necessary (12 U.S.C. 248(a)). 2 5 U.S.C. 552. 3 12 CFR 261. VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551, (202) 452–3829. Office of Management and Budget (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. A copy of the Paperwork Reduction Act (PRA) OMB submission, including the reporting form and instructions, supporting statement, and other documentation will be placed into OMB’s public docket files. These documents also are 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 above. SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board authority under the PRA to approve and assign OMB control numbers to collections of information conducted or sponsored by the Board. Boardapproved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the PRA Submission, supporting statements, and approved collection of information instrument(s) are placed into OMB’s public docket files. Final Approval Under OMB Delegated Authority of the Extension for Three Years, Without Revision, of the Following Information Collection Report title: Reporting, Recordkeeping, and Disclosure Requirements Associated with Regulation NN. Agency form number: FR NN. OMB control number: 7100–0353. Frequency: Event generated. Respondents: Banking institutions. Estimated number of respondents: Reporting: 1; recordkeeping: 2; disclosure: 2. Estimated average hours per response: Reporting: 16; recordkeeping: 183; disclosure: 787. Estimated annual burden hours: Reporting: 16; recordkeeping: 366; disclosure, 1,574; total: 1,956. General description of report: Regulation NN includes certain reporting, recordkeeping, and disclosure requirements for banking institutions that elect to provide foreign currency exchange services to retail consumers. The regulation applies to state member banks, uninsured state-licensed PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 branches of foreign banks, financial holding companies, bank holding companies, savings and loan holding companies, agreement corporations, and Edge Act corporations (collectively, ‘‘banking institutions’’) that engage in retail foreign exchange transactions. Legal authorization and confidentiality: The reporting, recordkeeping, and disclosure requirements in Regulation NN are authorized pursuant to section 2(c)(2)(E) of the Commodity Exchange Act (CEA) (7 U.S.C. 2(c)(2)(E)). Section 2(c)(2)(E) of the CEA prohibits a United States financial institution and its related persons under the supervision of a Federal regulatory agency, such as the Board, from offering or entering into certain types of foreign exchange transactions with retail customers except pursuant to a rule or regulation prescribed by the appropriate Federal regulatory agency allowing the transaction under such terms and conditions as the Federal regulatory agency shall prescribe. Regulation NN’s reporting requirement (12 CFR 240.4), recordkeeping requirements (12 CFR 240.7, 240.9(b)(2), and 240.13(a)) and disclosure requirements (240.5(a), 240.6, 240.7, 240.9(b)(2), 240.10, 240.13(a) & (c)–(d), 240.15, and 240.16(a) and (b)) are mandatory for banking institutions that engage in retail foreign exchange transactions. The reporting requirement under section 240.4 of Regulation NN requires a banking institution to provide a prior written notice to the Board that includes information concerning customer due diligence; the policies and procedures for haircuts to be applied to noncash margin; information concerning new product approvals; and information on addressing conflicts of interest. The disclosure of this information is reasonably likely to result in substantial competitive harm to the banking institution, and therefore, may be kept confidential under exemption (b)(4) of the Freedom of Information Act (FOIA), which protects ‘‘trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential’’ (5 U.S.C. 552(b)(4)). In addition, the prior written notice must also include a resolution of the banking institution’s board of directors certifying that the institution has written policies, procedures, and risk measurement and management systems and controls in place to ensure retail foreign exchange transactions are conducted in a safe and sound manner and in compliance with Regulation NN. Generally, this resolution by the board of directors would not be accorded E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 84, No. 155 / Monday, August 12, 2019 / Notices confidential treatment. If confidential treatment is requested by a banking institution, the Board will review the request to determine if confidential treatment is appropriate. The recordkeeping and disclosures required under sections 240.5(a), 240.6, 240.7, 240.9(b)(2), 240.10, 240.13(a) & (c)–(d), 240.15, and 240.16(a) and (b) of Regulation NN generally are not submitted to the Board. Accordingly, no confidentiality issues will normally arise under the FOIA. In the event such records or disclosures are obtained by the Federal Reserve through the examination or enforcement process, such information may be kept confidential under exemption 8 of the FOIA, which protects information contained in or related to an examination of a financial institution (5 U.S.C. 552(b)(8)). Current actions: On May 17, 2019, the Board published a notice in the Federal Register (84 FR 22494) requesting public comment for 60 days on the extension, without revision, of the Reporting, Recordkeeping, and Disclosure Requirements Associated with Regulation NN. The comment period for this notice expired on July 16, 2019. The Board did not receive any comments. Board of Governors of the Federal Reserve System, August 7, 2019. Michele Taylor Fennell, Assistant Secretary of the Board. [FR Doc. 2019–17184 Filed 8–9–19; 8:45 am] BILLING CODE 6210–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS–10383] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, HHS. ACTION: Notice. AGENCY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:16 Aug 09, 2019 Jkt 247001 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by October 11, 2019. ADDRESSES: When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to https:// www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ or ‘‘More Search Options’’ to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number _________, Room C4– 26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Access CMS’ website address at website address at https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing.html. 2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to Paperwork@cms.hhs.gov. 3. Call the Reports Clearance Office at (410) 786–1326. FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 39851 CMS–10383 Review and Approval Process for Waivers for State Innovation Under the PRA (44 U.S.C. 3501– 3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice. Information Collection 1. Type of Information Collection Request: New collection (Request for a new OMB control number); Title of information Collection: Review and Approval Process for Waivers for State Innovation; Use: The information required under this collection is necessary to ensure that states comply with statutory and regulatory requirements related to the development and implementation of section 1332 waivers. States seeking waiver authority under section 1332 of the PPACA are required to meet certain requirements for applications, public notice, and reporting. The authority for these requirements is found in section 1332 of the PPACA. This information collection reflects the requirements provided in the final rules published February 27, 2012 (77 FR 11700). Additionally, on October 24 2018, the Departments published guidance (83 FR 53575), that provides supplementary information about the requirements that must be met for the approval of a section 1332 waiver, the Secretaries’ application review procedures, the calculation of pass-through funding, certain analytical requirements, and operational considerations. This guidance supersedes the guidance related to section 1332 of the PPACA that was previously published on December 16, 2015. This information collection also reflects the requirements outlined in a state’s specific terms and conditions (STCs), as part of the approval of a state’s section 1332 waiver application. Form Number: CMS–10383 (OMB control number 0938–NEW); Frequency: E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39850-39851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17184]


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FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Announcement of Board 
Approval Under Delegated Authority and Submission to OMB

AGENCY: Board of Governors of the Federal Reserve System.

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is adopting a proposal to extend for three years, without revision, the 
Reporting, Recordkeeping, and Disclosure Requirements Associated with 
Regulation NN (FR NN; OMB No. 7100-0353).

FOR FURTHER INFORMATION CONTACT: 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.
    Office of Management and Budget (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.
    A copy of the Paperwork Reduction Act (PRA) OMB submission, 
including the reporting form and instructions, supporting statement, 
and other documentation will be placed into OMB's public docket files. 
These documents also are 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 above.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the PRA to approve and assign OMB control numbers to 
collections of information 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 PRA Submission, supporting statements, and approved collection 
of information instrument(s) are placed into OMB's public docket files.

Final Approval Under OMB Delegated Authority of the Extension for Three 
Years, Without Revision, of the Following Information Collection

    Report title: Reporting, Recordkeeping, and Disclosure Requirements 
Associated with Regulation NN.
    Agency form number: FR NN.
    OMB control number: 7100-0353.
    Frequency: Event generated.
    Respondents: Banking institutions.
    Estimated number of respondents: Reporting: 1; recordkeeping: 2; 
disclosure: 2.
    Estimated average hours per response: Reporting: 16; recordkeeping: 
183; disclosure: 787.
    Estimated annual burden hours: Reporting: 16; recordkeeping: 366; 
disclosure, 1,574; total: 1,956.
    General description of report: Regulation NN includes certain 
reporting, recordkeeping, and disclosure requirements for banking 
institutions that elect to provide foreign currency exchange services 
to retail consumers. The regulation applies to state member banks, 
uninsured state-licensed branches of foreign banks, financial holding 
companies, bank holding companies, savings and loan holding companies, 
agreement corporations, and Edge Act corporations (collectively, 
``banking institutions'') that engage in retail foreign exchange 
transactions.
    Legal authorization and confidentiality: The reporting, 
recordkeeping, and disclosure requirements in Regulation NN are 
authorized pursuant to section 2(c)(2)(E) of the Commodity Exchange Act 
(CEA) (7 U.S.C. 2(c)(2)(E)). Section 2(c)(2)(E) of the CEA prohibits a 
United States financial institution and its related persons under the 
supervision of a Federal regulatory agency, such as the Board, from 
offering or entering into certain types of foreign exchange 
transactions with retail customers except pursuant to a rule or 
regulation prescribed by the appropriate Federal regulatory agency 
allowing the transaction under such terms and conditions as the Federal 
regulatory agency shall prescribe.
    Regulation NN's reporting requirement (12 CFR 240.4), recordkeeping 
requirements (12 CFR 240.7, 240.9(b)(2), and 240.13(a)) and disclosure 
requirements (240.5(a), 240.6, 240.7, 240.9(b)(2), 240.10, 240.13(a) & 
(c)-(d), 240.15, and 240.16(a) and (b)) are mandatory for banking 
institutions that engage in retail foreign exchange transactions.
    The reporting requirement under section 240.4 of Regulation NN 
requires a banking institution to provide a prior written notice to the 
Board that includes information concerning customer due diligence; the 
policies and procedures for haircuts to be applied to noncash margin; 
information concerning new product approvals; and information on 
addressing conflicts of interest. The disclosure of this information is 
reasonably likely to result in substantial competitive harm to the 
banking institution, and therefore, may be kept confidential under 
exemption (b)(4) of the Freedom of Information Act (FOIA), which 
protects ``trade secrets and commercial or financial information 
obtained from a person [that is] privileged or confidential'' (5 U.S.C. 
552(b)(4)). In addition, the prior written notice must also include a 
resolution of the banking institution's board of directors certifying 
that the institution has written policies, procedures, and risk 
measurement and management systems and controls in place to ensure 
retail foreign exchange transactions are conducted in a safe and sound 
manner and in compliance with Regulation NN. Generally, this resolution 
by the board of directors would not be accorded

[[Page 39851]]

confidential treatment. If confidential treatment is requested by a 
banking institution, the Board will review the request to determine if 
confidential treatment is appropriate.
    The recordkeeping and disclosures required under sections 240.5(a), 
240.6, 240.7, 240.9(b)(2), 240.10, 240.13(a) & (c)-(d), 240.15, and 
240.16(a) and (b) of Regulation NN generally are not submitted to the 
Board. Accordingly, no confidentiality issues will normally arise under 
the FOIA. In the event such records or disclosures are obtained by the 
Federal Reserve through the examination or enforcement process, such 
information may be kept confidential under exemption 8 of the FOIA, 
which protects information contained in or related to an examination of 
a financial institution (5 U.S.C. 552(b)(8)).
    Current actions: On May 17, 2019, the Board published a notice in 
the Federal Register (84 FR 22494) requesting public comment for 60 
days on the extension, without revision, of the Reporting, 
Recordkeeping, and Disclosure Requirements Associated with Regulation 
NN. The comment period for this notice expired on July 16, 2019. The 
Board did not receive any comments.

    Board of Governors of the Federal Reserve System, August 7, 
2019.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2019-17184 Filed 8-9-19; 8:45 am]
 BILLING CODE 6210-01-P
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