Proposed Agency Information Collection Activities; Comment Request, 69643-69645 [2021-26325]
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
system of records to which the request
relates; (3) a description of the
information sought to be corrected or
amended and the specific reasons for
the correction or amendment; and (4)
proof of identity A full description of
EPA’s Privacy Act procedures for the
correction or amendment of a record are
described in EPA’s Privacy Act
regulations at 40 CFR part 16.
NOTIFICATION PROCEDURE:
Individuals who wish to be informed
whether a Privacy Act system of records
maintained by EPA contains any record
pertaining to them, should make a
written request to the EPA, Attn:
Agency Privacy Officer, MC 2831T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, privacy@
epa.gov.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The original system of records notice
for RAMS was published in the Federal
Register on July 8, 2019 (84 FR 32456–
32460).
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021–26432 Filed 12–7–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0076; FR ID 61144]
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
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SUMMARY:
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information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before February 7,
2022. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0076.
Title: Common Carrier Annual
Employment Report.
Form Number: FCC Form 395.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 521 respondents; 521
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: Annual
reporting requirement and
recordkeeping requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this information collection
is contained in 47 U.S.C. 154(i), 303,
and 307–310 of the Communications
Act of 1934, as amended.
Total Annual Burden: 521 hours.
Total Annual Cost: No cost.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The respondents are instructed on the
appropriate procedures to follow to
safeguard information deemed
confidential under 47 CFR 0.457 of the
Commission’s rules, which details the
type of records that are not routinely
available for public inspection. Section
0.459 of the Commission’s rules
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69643
contains procedures for requesting that
material and information submitted to
the Commission be withheld from
public inspection.
Needs and Uses: FCC Report 395,
Common Carrier Annual Employment
Report, is a data collection mechanism
to implement the FCC’s Equal
Employment Opportunity (EEO) rules.
All common carrier licensees or
permittees with sixteen (16) or more
full-time employees are required to file
the Annual Employment Report. Each
common carrier is also obligated to file
with this Commission copies of all
exhibits, letters, and documents
pertaining to all equal employment
opportunity statements and annual
reports on complaints regarding
violations of equal employment
provisions of Federal, State, Territorial,
or local law. Section 22.321(f), 47 CFR,
requires each licensee to maintain these
documents for a period of two years.
The Annual Employment Report
identifies each filer’s staff by gender,
race, color, and/or national origin in
each of ten major job categories. The
report and all other EEOC documents
are filed with the Commission to detail
the applicant’s compliance with the
Commission’s EEO rules. Data from
these reports are available online so that
users can easily locate data for a
particular carrier and/or specific
reporting years.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–26607 Filed 12–7–21; 8:45 am]
BILLING CODE 6712–01–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
Uniform Application for Municipal
Securities Principal or Municipal
Securities Representative Associated
with a Bank Municipal Securities Dealer
(Form MSD–4; OMB No. 7100–0100)
and the Uniform Termination Notice for
Municipal Securities Principal or
Municipal Securities Representative
Associated with a Bank Municipal
Securities Dealer (Form MSD–5; OMB
No. 7100–0101).
SUMMARY:
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69644
Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
Comments must be submitted on
or before February 7, 2022.
ADDRESSES: You may submit comments,
identified by Form MSD–4 or Form
MSD–5, 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 the OMB
number or FR 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 or to
remove personally identifiable
information at the commenter’s request.
Accordingly, comments will not be
edited to remove any confidential
business information, identifying
information, or contact information.
Public comments may also be viewed
electronically or in paper in Room 146,
1709 New York Avenue 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.
Additionally, commenters may send a
copy of their comments to the Office of
Management and Budget (OMB) Desk
Officer for the Federal Reserve Board,
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:
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.
SUPPLEMENTARY INFORMATION: The Board
invites comment on a proposal to
extend for three years, without revision,
the Uniform Application for Municipal
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Securities Principal or Municipal
Securities Representative Associated
with a Bank Municipal Securities Dealer
and the Uniform Termination Notice for
Municipal Securities Principal or
Municipal Securities Representative
Associated with a Bank Municipal
Securities Dealer.1
On June 15, 1984, OMB delegated to
the Board authority under the
Paperwork Reduction Act (PRA) to
approve and assign OMB control
numbers to collections of information
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.
During the comment period for this
proposal, a copy of the proposed PRA
OMB submission, including the draft
reporting form and instructions,
supporting statement, and other
documentation, will be made available
on the 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.
Final versions of these documents will
be made available at https://
www.reginfo.gov/public/do/PRAMain, if
approved.
Request for Comment on Information
Collection Proposal
The Board invites public comment on
the following information collections,
which are being reviewed under
authority delegated by the OMB under
the PRA. Comments are invited on the
following:
a. Whether the proposed collections
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 collections, including the
validity of the methodology and
assumptions used;
1 As part of this clearance, the Board will clear
the Form MSD–4 and Form MSD–5 under the Form
MSD–4 OMB control number (7100–0100), and then
discontinue the Form MSD–5’s separate OMB
control number (7100–0101). This non-substantive
change is aimed at simplifying the tracking and
clearance process for the two related forms. This
change would not modify the reporting or
recordkeeping requirements of the forms in any
way. The collection will then be titled ‘‘The
Uniform Application and the Uniform Termination
Notice for Municipal Securities Principal or
Municipal Securities Representative Associated
with a Bank Municipal Securities Dealer’’ (Form
MSD–4 and Form MSD–5; 7100–0100).
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c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of
information collections 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.
Proposal Under OMB Delegated
Authority To Extend for Three Years,
Without Revision, the Following
Information Collections
Report title: Uniform Application for
Municipal Securities Principal or
Municipal Securities Representative
Associated with a Bank Municipal
Securities Dealer.
Agency form number: Form MSD–4.
OMB control number: 7100–0100.
Frequency: Event generated.
Respondents: Each municipal
securities dealer (MSD) that is a state
member bank (SMB), bank holding
company (BHC), or a savings and loan
holding company (SLHC), certain
subsidiaries of such firms, or a foreign
dealer bank.2
Estimated number of respondents:
Reporting, 13; Recordkeeping, 13.
Estimated average hours per response:
Reporting, 0.92; Recordkeeping, 0.08.
Estimated annual burden hours:
Reporting, 11.96; Recordkeeping, 1.04.
General description of report: The
Municipal Securities Rulemaking Board
(MSRB) rule G–7, Information
Concerning Associated Persons, requires
persons who are or seek to be an
associated person of an MSD, either as
a municipal securities principal (a
person performing supervisory
functions) or representative (a person
engaged in underwriting, trading, or
sales of municipal securities or
furnishing financial advice to issuers in
connection with the issuance of
municipal securities) or in any other
manner set forth under the rule, to
provide certain background information
to the MSD. The rule also requires
MSDs to obtain and report this
information. MSDs for which the Board
is the appropriate regulatory agency
(ARA) must report to the Board
information required by MSRB rule G–
7 using Form MSD–4. Generally, the
information required by Form MSD–4
2 15
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U.S.C. 78c(34)(A)(ii).
08DEN1
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
relates to employment history and
professional background, including any
disciplinary sanctions, as well as any
claimed basis for exemption from MSRB
examination requirements. Certain
information reported on Form MSD–4 is
filled out by the employee, with the rest
completed by the MSD. As required by
MSRB rule G–7, bank municipal
securities dealers must retain copies of
Form MSD–4 for each associated person
during the entire term of employment.
Report title: Uniform Termination
Notice for Municipal Securities
Principal or Municipal Securities
Representative Associated with a Bank
Municipal Securities Dealer.
Agency form number: Form MSD–5.
OMB control number: 7100–0101.
Frequency: Event generated.
Respondents: Each MSD that is an
SMB, BHC, or an SLHC, certain
subsidiaries of such firms, or a foreign
dealer bank.3
Estimated number of respondents:
Reporting, 21; Recordkeeping, 21.
Estimated average hours per response:
Reporting, 0.16; Recordkeeping; 0.08.
Estimated annual burden hours:
Reporting, 3.36; Recordkeeping 1.68.
General description of report: An
MSD for which the Board is the ARA
must file Form MSD–5 with the Board
when any employee previously
registered as a municipal securities
principal or representative is terminated
for any reason. Form MSD–5 requires
information such as the reason for
termination and whether any
investigations or actions by agencies or
self-regulatory organizations (SROs)
involving the associated person
occurred during the period of
employment.
Any SMB, BHC, or SLHC, as well as
certain subsidiaries of such firms, and
any foreign dealer bank that is an MSD
is required to file Forms MSD–4 and
MSD–5 with the Board with respect to
its employees. As required by MSRB
rule G–7, an MSD must retain both
Form MSD–4 and Form MSD–5 for three
years from the date of termination of
employment.
Legal authorization and
confidentiality: The Securities Exchange
Act of 1934 (Exchange Act) authorizes
the Securities and Exchange
Commission (SEC) and MSRB to
promulgate rules requiring MSDs to file
reports about associated persons with
the SEC and ARAs,4 and the Board is
the ARA for most Form MSD–4 and
Form MSD–5 respondents.5 The
3 15
U.S.C. 78c(34)(A)(ii).
U.S.C. 78o-4(a)–(b) and (q).
5 15 U.S.C. 78c(a)(34)(A)(ii) (establishing the
Board as the ARA for an MSD that is, or is the
4 15
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Exchange Act further authorizes the
Board to enforce compliance with the
SEC’s and MSRB’s rules,6 and make
rules and regulations to implement the
portions of the Exchange Act for which
it is responsible.7
Several additional statutes also
authorize the Board to require
submission of the Forms MSD–4 and
MSD–5 by specific entities, including
the Federal Reserve Act (for SMBs and
their affiliates),8 the International
Banking Act (for branches and agencies
of foreign banks),9 the Bank Holding
Company Act of 1956 (for BHCs and
their subsidiaries),10 and the Home
Owners’ Loan Act (for SLHCs and their
subsidiaries).11
Filing of the Forms MSD–4 and MSD–
5 is mandatory. Information provided
on Forms MSD–4 and MSD–5 may be
kept confidential pursuant to exemption
6 of the Freedom of Information Act
(FOIA) to the extent disclosure of such
information ‘‘would constitute a clearly
unwarranted invasion of personal
privacy.’’ 12 Information contained on
Forms MSD–4 and MSD–5 may also be
kept confidential under FOIA
exemption 4 if it is confidential
commercial or financial information
that is both customarily and actually
treated as private 13 or under FOIA
exemption 8 if it is obtained as part of
an examination or supervision of a
financial institution.14
Board of Governors of the Federal Reserve
System, November 30, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021–26325 Filed 12–7–21; 8:45 am]
BILLING CODE 6210–01–P
subsidiary of, an SLHC, SMB, or BHC (including a
subsidiary of the BHC if the subsidiary does not
already report to another ARA or to the SEC). While
the Exchange Act does not specify the ARA for
MSD activities of foreign dealer banks, the SEC has
agreed that the Board should examine their MSD
activities. See Letter from Catherine McGuire, Chief
Counsel, SEC Division of Market Regulation, to
Laura M. Homer, Assistant Director of Board S&R,
June 14, 1994.
6 15 U.S.C. 78o–4(c).
7 15 U.S.C. 78w(a).
8 12 U.S.C. 248(a)(1) (authorizing the Board to
‘‘require such statements and reports’’ of member
banks as it may deem necessary).
9 12 U.S.C. 3105(c)(2) (subjecting branches and
agencies of foreign banks to reporting requirements
in the same manner as if the branch or agency were
a State member bank).
10 12 U.S.C. 1844(c)(1)(A)(ii)(II) (authorizing the
Board to require from a BHC or any subsidiary
reports as to compliance with federal laws that the
Board has jurisdiction to enforce).
11 12 U.S.C. 1467a(b)(2) (authorizing the Board to
require reports from SLHCs and their subsidiaries
containing such information concerning the
operations of the SLHC or subsidiary as the Board
may require).
12 5 U.S.C. 552(b)(6).
13 5 U.S.C. 552(b)(4).
14 5 U.S.C. 552(b)(8).
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69645
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, with revisions, the Financial
Statements for Holding Companies (FR
Y–9 reports; OMB Control Number
7100–0128). The revisions are effective
as of December 31, 2021.
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 for the Federal
Reserve Board, 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.
SUPPLEMENTARY INFORMATION: On June
15, 1984, OMB delegated to the Board
authority under the Paperwork
Reduction Act (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. The OMB
inventory, as well as copies of the PRA
Submission, supporting statements, and
approved collection of information
instrument(s) are available at https://
www.reginfo.gov/public/do/PRAMain.
These documents are also 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.
AGENCY:
Final Approval Under OMB Delegated
Authority of the Extension for Three
Years, With Revision, of the Following
Information Collection
Report title: Financial Statements for
Holding Companies.
Agency form number: FR Y–9C, FR Y–
9LP, FR Y–9SP, FR Y–9ES, and FR Y–
9CS.
OMB control number: 7100–0128.
Effective Date: December 31, 2021.
Frequency: Quarterly, semiannually,
and annually.
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Agencies
[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69643-69645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26325]
=======================================================================
-----------------------------------------------------------------------
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 Uniform Application for Municipal Securities Principal or
Municipal Securities Representative Associated with a Bank Municipal
Securities Dealer (Form MSD-4; OMB No. 7100-0100) and the Uniform
Termination Notice for Municipal Securities Principal or Municipal
Securities Representative Associated with a Bank Municipal Securities
Dealer (Form MSD-5; OMB No. 7100-0101).
[[Page 69644]]
DATES: Comments must be submitted on or before February 7, 2022.
ADDRESSES: You may submit comments, identified by Form MSD-4 or Form
MSD-5, 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 the OMB
number or FR 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 or to remove
personally identifiable information at the commenter's request.
Accordingly, comments will not be edited to remove any confidential
business information, identifying information, or contact information.
Public comments may also be viewed electronically or in paper in Room
146, 1709 New York Avenue 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.
Additionally, commenters may send a copy of their comments to the
Office of Management and Budget (OMB) Desk Officer for the Federal
Reserve Board, 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: 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.
SUPPLEMENTARY INFORMATION: The Board invites comment on a proposal to
extend for three years, without revision, the Uniform Application for
Municipal Securities Principal or Municipal Securities Representative
Associated with a Bank Municipal Securities Dealer and the Uniform
Termination Notice for Municipal Securities Principal or Municipal
Securities Representative Associated with a Bank Municipal Securities
Dealer.\1\
---------------------------------------------------------------------------
\1\ As part of this clearance, the Board will clear the Form
MSD-4 and Form MSD-5 under the Form MSD-4 OMB control number (7100-
0100), and then discontinue the Form MSD-5's separate OMB control
number (7100-0101). This non-substantive change is aimed at
simplifying the tracking and clearance process for the two related
forms. This change would not modify the reporting or recordkeeping
requirements of the forms in any way. The collection will then be
titled ``The Uniform Application and the Uniform Termination Notice
for Municipal Securities Principal or Municipal Securities
Representative Associated with a Bank Municipal Securities Dealer''
(Form MSD-4 and Form MSD-5; 7100-0100).
---------------------------------------------------------------------------
On June 15, 1984, OMB delegated to the Board authority under the
Paperwork Reduction Act (PRA) to approve and assign OMB control numbers
to collections of information 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.
During the comment period for this proposal, a copy of the proposed
PRA OMB submission, including the draft reporting form and
instructions, supporting statement, and other documentation, will be
made available on the 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. Final
versions of these documents will be made available at https://www.reginfo.gov/public/do/PRAMain, if approved.
Request for Comment on Information Collection Proposal
The Board invites public comment on the following information
collections, which are being reviewed under authority delegated by the
OMB under the PRA. Comments are invited on the following:
a. Whether the proposed collections 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 collections, 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 collections 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.
Proposal Under OMB Delegated Authority To Extend for Three Years,
Without Revision, the Following Information Collections
Report title: Uniform Application for Municipal Securities
Principal or Municipal Securities Representative Associated with a Bank
Municipal Securities Dealer.
Agency form number: Form MSD-4.
OMB control number: 7100-0100.
Frequency: Event generated.
Respondents: Each municipal securities dealer (MSD) that is a state
member bank (SMB), bank holding company (BHC), or a savings and loan
holding company (SLHC), certain subsidiaries of such firms, or a
foreign dealer bank.\2\
---------------------------------------------------------------------------
\2\ 15 U.S.C. 78c(34)(A)(ii).
---------------------------------------------------------------------------
Estimated number of respondents: Reporting, 13; Recordkeeping, 13.
Estimated average hours per response: Reporting, 0.92;
Recordkeeping, 0.08.
Estimated annual burden hours: Reporting, 11.96; Recordkeeping,
1.04.
General description of report: The Municipal Securities Rulemaking
Board (MSRB) rule G-7, Information Concerning Associated Persons,
requires persons who are or seek to be an associated person of an MSD,
either as a municipal securities principal (a person performing
supervisory functions) or representative (a person engaged in
underwriting, trading, or sales of municipal securities or furnishing
financial advice to issuers in connection with the issuance of
municipal securities) or in any other manner set forth under the rule,
to provide certain background information to the MSD. The rule also
requires MSDs to obtain and report this information. MSDs for which the
Board is the appropriate regulatory agency (ARA) must report to the
Board information required by MSRB rule G-7 using Form MSD-4.
Generally, the information required by Form MSD-4
[[Page 69645]]
relates to employment history and professional background, including
any disciplinary sanctions, as well as any claimed basis for exemption
from MSRB examination requirements. Certain information reported on
Form MSD-4 is filled out by the employee, with the rest completed by
the MSD. As required by MSRB rule G-7, bank municipal securities
dealers must retain copies of Form MSD-4 for each associated person
during the entire term of employment.
Report title: Uniform Termination Notice for Municipal Securities
Principal or Municipal Securities Representative Associated with a Bank
Municipal Securities Dealer.
Agency form number: Form MSD-5.
OMB control number: 7100-0101.
Frequency: Event generated.
Respondents: Each MSD that is an SMB, BHC, or an SLHC, certain
subsidiaries of such firms, or a foreign dealer bank.\3\
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\3\ 15 U.S.C. 78c(34)(A)(ii).
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Estimated number of respondents: Reporting, 21; Recordkeeping, 21.
Estimated average hours per response: Reporting, 0.16;
Recordkeeping; 0.08.
Estimated annual burden hours: Reporting, 3.36; Recordkeeping 1.68.
General description of report: An MSD for which the Board is the
ARA must file Form MSD-5 with the Board when any employee previously
registered as a municipal securities principal or representative is
terminated for any reason. Form MSD-5 requires information such as the
reason for termination and whether any investigations or actions by
agencies or self-regulatory organizations (SROs) involving the
associated person occurred during the period of employment.
Any SMB, BHC, or SLHC, as well as certain subsidiaries of such
firms, and any foreign dealer bank that is an MSD is required to file
Forms MSD-4 and MSD-5 with the Board with respect to its employees. As
required by MSRB rule G-7, an MSD must retain both Form MSD-4 and Form
MSD-5 for three years from the date of termination of employment.
Legal authorization and confidentiality: The Securities Exchange
Act of 1934 (Exchange Act) authorizes the Securities and Exchange
Commission (SEC) and MSRB to promulgate rules requiring MSDs to file
reports about associated persons with the SEC and ARAs,\4\ and the
Board is the ARA for most Form MSD-4 and Form MSD-5 respondents.\5\ The
Exchange Act further authorizes the Board to enforce compliance with
the SEC's and MSRB's rules,\6\ and make rules and regulations to
implement the portions of the Exchange Act for which it is
responsible.\7\
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\4\ 15 U.S.C. 78o-4(a)-(b) and (q).
\5\ 15 U.S.C. 78c(a)(34)(A)(ii) (establishing the Board as the
ARA for an MSD that is, or is the subsidiary of, an SLHC, SMB, or
BHC (including a subsidiary of the BHC if the subsidiary does not
already report to another ARA or to the SEC). While the Exchange Act
does not specify the ARA for MSD activities of foreign dealer banks,
the SEC has agreed that the Board should examine their MSD
activities. See Letter from Catherine McGuire, Chief Counsel, SEC
Division of Market Regulation, to Laura M. Homer, Assistant Director
of Board S&R, June 14, 1994.
\6\ 15 U.S.C. 78o-4(c).
\7\ 15 U.S.C. 78w(a).
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Several additional statutes also authorize the Board to require
submission of the Forms MSD-4 and MSD-5 by specific entities, including
the Federal Reserve Act (for SMBs and their affiliates),\8\ the
International Banking Act (for branches and agencies of foreign
banks),\9\ the Bank Holding Company Act of 1956 (for BHCs and their
subsidiaries),\10\ and the Home Owners' Loan Act (for SLHCs and their
subsidiaries).\11\
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\8\ 12 U.S.C. 248(a)(1) (authorizing the Board to ``require such
statements and reports'' of member banks as it may deem necessary).
\9\ 12 U.S.C. 3105(c)(2) (subjecting branches and agencies of
foreign banks to reporting requirements in the same manner as if the
branch or agency were a State member bank).
\10\ 12 U.S.C. 1844(c)(1)(A)(ii)(II) (authorizing the Board to
require from a BHC or any subsidiary reports as to compliance with
federal laws that the Board has jurisdiction to enforce).
\11\ 12 U.S.C. 1467a(b)(2) (authorizing the Board to require
reports from SLHCs and their subsidiaries containing such
information concerning the operations of the SLHC or subsidiary as
the Board may require).
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Filing of the Forms MSD-4 and MSD-5 is mandatory. Information
provided on Forms MSD-4 and MSD-5 may be kept confidential pursuant to
exemption 6 of the Freedom of Information Act (FOIA) to the extent
disclosure of such information ``would constitute a clearly unwarranted
invasion of personal privacy.'' \12\ Information contained on Forms
MSD-4 and MSD-5 may also be kept confidential under FOIA exemption 4 if
it is confidential commercial or financial information that is both
customarily and actually treated as private \13\ or under FOIA
exemption 8 if it is obtained as part of an examination or supervision
of a financial institution.\14\
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\12\ 5 U.S.C. 552(b)(6).
\13\ 5 U.S.C. 552(b)(4).
\14\ 5 U.S.C. 552(b)(8).
Board of Governors of the Federal Reserve System, November 30,
2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021-26325 Filed 12-7-21; 8:45 am]
BILLING CODE 6210-01-P