Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company, 75323-75324 [2020-26114]
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Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices
Form No: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit entities.
Number of Respondents: 4
respondents; 4 responses.
Estimated Time per Response: 12
hours.
Frequency of Response: On occasion
reporting requirement and Third-party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The
Commission has statutory authority for
the information collection requirements
under 47 U.S.C. 151, 152, 154(i), 154(j),
155(c), 201, 302, 303, 304, 307(e), 309,
and 316.
Total Annual Burden: 48 hours.
Total Annual Cost: $2,200.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality
pertaining to the information collection
requirements in this collection.
Needs and Uses: On March 3, 2020,
the Commission released a Report and
Order and Order of Proposed
Modification titled, ‘‘In the Matter of
Expanding Flexible Use of the 3.7 to 4.2
GHz,’’ GN Docket Number 18–122 (FCC
20–22). This rulemaking, which is
under the purview of the Commission’s
Wireless Telecommunications Bureau,
is hereinafter referred to as the 3.7 GHz
Report and Order.
The Commission believes that C-band
spectrum for terrestrial wireless uses
will play a significant role in bringing
next-generation services like 5G to the
American public and assuring American
leadership in the 5G ecosystem. The
agency took action to make this valuable
spectrum resource available for new
terrestrial wireless uses as quickly as
possible, while also preserving the
continued operation of existing Fixed
Satellite Services (FSS) available during
and after the transition.
In the 3.7 GHz Report and Order, the
Commission concluded that a public
auction of the lower 280 megahertz of
the C-band will best carry out our goals,
and the agency will add a mobile
allocation to the 3.7–4.0 GHz band so
that next-generation services such as 5G
can use the band. Relying on the
Emerging Technologies framework, the
Commission adopted a process to
relocate FSS operations into the upper
200 megahertz of the band, while fully
reimbursing existing operators for the
costs of this relocation and offering
accelerated relocation payments to
encourage a speedy transition. The
Commission also adopted service and
technical rules for overlay licensees in
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the 280 megahertz of spectrum
designated for transition to flexible use.
Among other information collection
requirements in the 3.7 GHz Report and
Order, the Commission has adopted
several requirements, described in the
text, related to the protection of TT&C
earth stations and coordination with 3.7
GHz Service licensees. In a section of
the 3.7 GHz Report and Order titled
‘‘Adjacent Channel Protection Criteria’’
the Commission sets out the following
requirements:
Pursuant to paragraph 388 of the 3.7
GHz Report and Order, the Commission
requires that the TT&C operators make
available certain pertinent technical
information about their systems upon
request by licensees in the 3.7 GHz
Service to ensure the protection of
TT&C operations. In addition, paragraph
389 of the 3.7 GHz Report and Order
includes the requirement that, in the
event of a claim by a TT&C earth station
operating in 4.0–4.2 GHz of harmful
interference by a 3.7 GHZ operator, the
earth station operator must demonstrate
that that have installed a filter that
complies with the mask requirement
prescribed by the Commission. This
requirement will facilitate an efficient
and safe transition by requiring earth
station operators to demonstrate their
compliance with the mask
requirements, thereby minimizing the
risk of interference.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–26098 Filed 11–24–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
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75323
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington DC 20551–0001, not later
than December 10, 2020.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Tamara L. Danover, Marion, Iowa;
Terry D. Cooper, Cedar Rapids, Iowa,
both individually and as co-trustees of
the Delhi Bancshares, Inc. Subtrust, and
the Delhi Bancshares, Inc. Subtrust,
both of Marion, Iowa; Barbara A.
Cooper, individually and as trustee of
the Delhi Bancshares, Inc. Revocable
Trust and the Delhi Bancshares, Inc.
Revocable Trust, all of Robins, Iowa;
Tad C. Cooper, Cedar Rapids, Iowa; and
Tony A. Cooper, Batavia, Illinois; as a
group acting in concert and to retain
voting shares of Delhi Bancshares, Inc.,
and thereby indirectly retain voting
shares of Heritage Bank, both of Marion,
Iowa.
B. Federal Reserve Bank of Kansas City
(Dennis Denney, Assistant Vice
President) 1 Memorial Drive, Kansas
City, Missouri 64198–0001:
1. L. Bruce Boehs and Sherry Boehs,
both of Fairview, Oklahoma; Jared
Boehs, Piedmont, Oklahoma; Tess
Boehs Wicks, Edmond, Oklahoma;
Randall Boehs, individually, and as
trustee of the Randall Boehs Living
Trust, both of Enid, Oklahoma; Jordan
Boehs, individually, and as trustee of
the Jordan Boehs Revocable Living
Trust, both of Edmond, Oklahoma; to
become members of the Boehs Family
Group and to retain voting shares of
Fairview Bancshares, Inc., and thereby
indirectly retain voting shares of
Farmers and Merchants National Bank,
both of Fairview, Oklahoma.
In addition, L. Bruce Boehs,
individually, Donald Lee Martens and
Norlene Joyce Martens, both
individually and as co-trustees of the
Donald Lee Martens Revocable Trust
and the Norlene Joyce Martens
Revocable Trust, all of Fairview,
Oklahoma; to become members of the
Boehs-Martens Control Group and to
retain voting shares of Fairview
Bancshares, Inc., and thereby indirectly
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75324
Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices
retain voting shares of Farmers and
Merchants National Bank.
2. Austin P. Buerge, individually, as
managing member of APB Investments,
LLC, and as trustee of The Robin K.
Buerge Spouse’s 2020 Trust and The
Austin P. Buerge 2020 Separate Property
Trust, all of Tulsa, Oklahoma; to
become members of the Buerge Family
Group, a group acting in concert, to
acquire voting shares of Grand Capital
Corporation, and thereby indirectly
acquire voting shares of Grand Bank,
both in Tulsa, Oklahoma.
Board of Governors of the Federal Reserve
System, November 20, 2020.
Michele Taylor Fennel,
Deputy Associate Secretary of the Board.
[FR Doc. 2020–26114 Filed 11–24–20; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
[File No. 201 0014]
Stryker and Wright Medical; Analysis
of Consent Orders To Aid Public
Comment
Federal Trade Commission.
Proposed consent agreement;
correction.
AGENCY:
ACTION:
The Federal Trade
Commission published a document in
the Federal Register of November 9,
2020, concerning the proposed consent
agreement in the Matter of Stryker and
Wright Medical. That document did not
contain the Statement of Commissioner
Rohit Chopra regarding this matter. This
document corrects the omission.
FOR FURTHER INFORMATION CONTACT:
Jonathan Ripa (202–326–2230), Bureau
of Competition, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
Correction
In the Federal Register of November
9, 2020, in FR Doc.2020–24813, on page
71343, in the first column, after the
signature of April J. Tabor, Acting
Secretary, add the following:
Statement of Commissioner Rohit
Chopra
Independent monitors and watchdogs
are shadow regulators that promise to
impartially report to the government.
These individuals are typically paid by
companies engaged in alleged
wrongdoing as part of a settlement.
Monitors typically have relevant
expertise in an industry and are often
former government officials.
In this matter, the Federal Trade
Commission is resolving allegations that
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the merger between Stryker and Wright
is unlawful by requiring divestitures
and other provisions that will be
overseen by an independent monitor. I
write separately to detail some of my
ongoing concerns regarding the lack of
adequate protections against
independent monitor conflicts of
interest in FTC orders.
employee of a French-based global
advisory business, Mazars, which
provides consulting, accounting, tax,
and other services.3 The agency’s order
requires the monitor to simply selfreport any potential conflicts of interest.
While this is better than nothing, it is
not adequate, particularly when the
monitor is employed by a large firm that
offers a wide array of consulting and
compliance-related services to
companies like the targets in this matter.
For example, will the monitor need to
self-report a conflict when other units of
Mazars bid for business with the merged
entity? Many of these questions are
unclear.
Monitor Independence
Over the last twenty years, there has
been substantial concern about whether
auditors and other third parties are truly
independent, or whether they are
influenced by seeking additional fees for
future business.1 When it comes to
monitors of settlements, an independent
monitor ideally believes its primary
responsibilities are to the government
agency that relies on their work to
ensure compliance with a settlement or
order.
Unfortunately, they are not always so
independent, given potential incentives
for their firms to seek additional
business with companies subject to
monitoring. For example, in the FTC’s
investigation of Facebook for
compliance with its privacy obligations
under a 2012 Commission order, the
FTC alleged major violations of the
order even though
PriceWaterhouseCoopers (PwC) was
supposedly providing an independent
assessment of the company’s
compliance.2 In fact, I am unable to
identify any recent case where a
monitor has identified a material order
violation that led to a subsequent
penalty action.
The Commission’s practice is to have
the party alleged to have engaged in a
law violation propose a monitor, subject
to Commission approval. The party is
also responsible for paying the
monitor’s fees, which can be substantial.
In this matter, the Commission has
appointed a monitor who is an
Protecting the Public From Conflicts of
Interest
The Commission should strengthen
the conflict-of-interest and transparency
provisions in our orders related to
monitors across the FTC’s mission by
exploring whether to:
• Require monitors and their
employers to agree to non-solicit
provisions for a period of time after the
completion of a monitoring
engagement.4
• Publish certain work products of
monitors that detail their activities to
ensure order compliance.5
• Create open application processes
for potential monitors to detail their
qualifications, as the Commission
pursued in the Herbalife matter.6
• Require monitors to attest, under
penalty of perjury, that they hold no
financial interests in the industry of the
companies subject to monitoring.
I am skeptical that the Commission
can truly remedy anticompetitive harm
with complex settlements that require
independent monitors. While many
monitors certainly provide independent
advice and analysis, it is critical that
their actions are never distorted by any
real or perceived conflicts of interest.
1 Ken Brown & Ianthe Jeanne Dugan, Arthur
Anderson’s Fall From Grace Is a Sad Tale of Greed
and Miscues, Wall St. J. (June 7, 2002), https://
www.wsj.com/articles/SB1023409436545200; Ben
Protess & Jessica Silver-Greenberg, New York
Regulator Moves to Suspend Promontory Financial,
N.Y. Times: DealBook/Business & Pol’y (Aug. 3,
2015), https://www.nytimes.com/2015/08/04/
business/dealbook/new-york-regulator-moves-tosuspend-promontory-financial.html; Jeff Horwitz,
US to fire monitor overseeing formerly for-profit
colleges, The Seattle Times (Mar. 14, 2016), https://
www.seattletimes.com/business/trouble-remainsfollowing-failed-for-profit-schools-revival-3/.
2 See Nitasha Tiku, Facebook’s 2017 Privacy
Audit Didn’t Catch Cambridge Analytica, Wired
(Apr. 19, 2018), https://www.wired.com/story/
facebooks-2017-privacy-audit-didnt-catchcambridge-analytica/; see also Dissenting Statement
of Commissioner Rohit Chopra In re Facebook, Inc.,
Comm’n File No. 1823109 (July 24, 2019), https://
www.ftc.gov/system/files/documents/public_
statements/1536911/chopra_dissenting_statement_
on_facebook_7-24-19.pdf.
3 Analysis of Agreement Containing Consent
Orders to Aid Public Comment, In the Matter of
Stryker/Wright Medical, File No. 191–0039; see also
About Us, Mazars (last visited Nov. 2, 2020),
https://mazarsusa.com/about/.
4 See Statement of Commissioner Rohit Chopra
Regarding Miniclip and the COPPA Safe Harbors,
Comm’n File No. 1923129, (May 18, 2020), https://
www.ftc.gov/system/files/documents/public_
statements/1575579/192_3129_miniclip_-_
statement_of_cmr_chopra.pdf.
5 See Statement of Commissioner Rohit Chopra In
the Matter of Uber Technologies Inc., Comm’n File
No. 1523054, (Oct. 26, 2018), https://www.ftc.gov/
system/files/documents/public_statements/
1418195/152_3054_c-4662_uber_technologies_
chopra_statement.pdf.
6 See In the Matter of Federal Trade Commission,
Plaintiff, v. Herbalife International of America, Inc.,
Applications for Compliance Auditors, (Aug. 31,
2016), https://www.ftc.gov/public-statements/2016/
08/applications-herbalife-independent-complianceauditor.
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Agencies
[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75323-75324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26114]
=======================================================================
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FEDERAL RESERVE SYSTEM
Change in Bank Control Notices; Acquisitions of Shares of a Bank
or Bank Holding Company
The notificants listed below have applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and Sec. 225.41 of the Board's
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank
holding company. The factors that are considered in acting on the
applications are set forth in paragraph 7 of the Act (12 U.S.C.
1817(j)(7)).
The public portions of the applications listed below, as well as
other related filings required by the Board, if any, are available for
immediate inspection at the Federal Reserve Bank(s) indicated below and
at the offices of the Board of Governors. This information may also be
obtained on an expedited basis, upon request, by contacting the
appropriate Federal Reserve Bank and from the Board's Freedom of
Information Office at https://www.federalreserve.gov/foia/request.htm.
Interested persons may express their views in writing on the standards
enumerated in paragraph 7 of the Act.
Comments regarding each of these applications must be received at
the Reserve Bank indicated or the offices of the Board of Governors,
Ann E. Misback, Secretary of the Board, 20th Street and Constitution
Avenue NW, Washington DC 20551-0001, not later than December 10, 2020.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice President) 230 South LaSalle
Street, Chicago, Illinois 60690-1414:
1. Tamara L. Danover, Marion, Iowa; Terry D. Cooper, Cedar Rapids,
Iowa, both individually and as co-trustees of the Delhi Bancshares,
Inc. Subtrust, and the Delhi Bancshares, Inc. Subtrust, both of Marion,
Iowa; Barbara A. Cooper, individually and as trustee of the Delhi
Bancshares, Inc. Revocable Trust and the Delhi Bancshares, Inc.
Revocable Trust, all of Robins, Iowa; Tad C. Cooper, Cedar Rapids,
Iowa; and Tony A. Cooper, Batavia, Illinois; as a group acting in
concert and to retain voting shares of Delhi Bancshares, Inc., and
thereby indirectly retain voting shares of Heritage Bank, both of
Marion, Iowa.
B. Federal Reserve Bank of Kansas City
(Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas
City, Missouri 64198-0001:
1. L. Bruce Boehs and Sherry Boehs, both of Fairview, Oklahoma;
Jared Boehs, Piedmont, Oklahoma; Tess Boehs Wicks, Edmond, Oklahoma;
Randall Boehs, individually, and as trustee of the Randall Boehs Living
Trust, both of Enid, Oklahoma; Jordan Boehs, individually, and as
trustee of the Jordan Boehs Revocable Living Trust, both of Edmond,
Oklahoma; to become members of the Boehs Family Group and to retain
voting shares of Fairview Bancshares, Inc., and thereby indirectly
retain voting shares of Farmers and Merchants National Bank, both of
Fairview, Oklahoma.
In addition, L. Bruce Boehs, individually, Donald Lee Martens and
Norlene Joyce Martens, both individually and as co-trustees of the
Donald Lee Martens Revocable Trust and the Norlene Joyce Martens
Revocable Trust, all of Fairview, Oklahoma; to become members of the
Boehs-Martens Control Group and to retain voting shares of Fairview
Bancshares, Inc., and thereby indirectly
[[Page 75324]]
retain voting shares of Farmers and Merchants National Bank.
2. Austin P. Buerge, individually, as managing member of APB
Investments, LLC, and as trustee of The Robin K. Buerge Spouse's 2020
Trust and The Austin P. Buerge 2020 Separate Property Trust, all of
Tulsa, Oklahoma; to become members of the Buerge Family Group, a group
acting in concert, to acquire voting shares of Grand Capital
Corporation, and thereby indirectly acquire voting shares of Grand
Bank, both in Tulsa, Oklahoma.
Board of Governors of the Federal Reserve System, November 20,
2020.
Michele Taylor Fennel,
Deputy Associate Secretary of the Board.
[FR Doc. 2020-26114 Filed 11-24-20; 8:45 am]
BILLING CODE P