[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)] [Notices] [Pages 4103-4106] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-1838] ======================================================================= ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM Agency information collection activities: Proposed collection; comment request AGENCY: Board of Governors of the Federal Reserve System SUMMARY: Background. On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act, as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the OMB 83-Is and supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Request for comment on information collection proposals. The following information collections, which are being handled under this delegated authority, have received initial Board approval and are hereby published for comment. At the end of the comment period, the proposed information collections, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions; including whether the information has practical utility; b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, [[Page 4104]] including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; and 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. DATES: Comments must be submitted on or before March 29, 1999. ADDRESSES: Comments, which should refer to the OMB control number or agency form number, should be addressed to Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th and C Streets, N.W., Washington, DC 20551, or delivered to the Board's mail room between 8:45 a.m. and 5:15 p.m., and to the security control room outside of those hours. Both the mail room and the security control room are accessible from the courtyard entrance on 20th Street between Constitution Avenue and C Street, N.W. Comments received may be inspected in room M-P-500 between 9:00 a.m. and 5:00 p.m., except as provided in section 261.14 of the Board's Rules Regarding Availability of Information, 12 CFR 261.14(a). A copy of the comments may also be submitted to the OMB desk officer for the Board: Alexander T. Hunt, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 3208, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: A copy of the proposed form and instructions, the Paperwork Reduction Act Submission (OMB 83-I), supporting statement, and other documents that will be placed into OMB's public docket files once approved may be requested from the agency clearance officer, whose name appears below. Mary M. West, Chief, Financial Reports Section (202-452-3829), Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551. Telecommunications Device for the Deaf (TDD) users may contact Diane Jenkins (202-452-3544), Board of Governors of the Federal Reserve System, Washington, DC 20551. Proposal to approve under OMB delegated authority the extension for three years, without revision, of the following reports: 1. Report title: Notification of Foreign Branch Status Agency form number: FR 2058 OMB control number: 7100-0069 Frequency: on occasion Reporters: state member banks, national banks, bank holding companies, Edge and agreement corporations Annual reporting hours: 20 Estimated average hours per response: 15 minutes Number of respondents: 80 Small businesses are not affected. General description of report: This information collection is mandatory (12 U.S.C. 321, 601, 602, 615, and 1844(c)) and is not given confidential treatment. Abstract: Member banks, bank holding companies, and Edge and agreement corporations are required to notify the Federal Reserve System of the opening, closing, or relocation of an approved foreign branch. The notice requests information on the location and extent of service provided by the branch, and is filed within thirty days of the change in status. The Federal Reserve System needs the information requested on the FR 2058 form to fulfill supervisory responsibilities specified in Regulation K including the supervision of foreign branches of U.S. banking organizations. Regulation K, ``International Banking Operations,'' sets forth the conditions under which a foreign branch may be established. For their initial establishment of foreign branches, organizations must request prior Federal Reserve approval as directed in Attachment A of the FR K- 1, ``International Applications and Prior Notifications Under Subparts A and C of Regulation K'' (OMB No. 7100-0107). For subsequent branch establishments into additional foreign countries, organizations must give the Federal Reserve System forty-five days prior written notice using Attachment B of FR K-1. Organizations use the FR 2058 notification to notify the Federal Reserve when any of these branches has been opened, closed, or relocated. 2. Report title: International Applications and Prior Notifications under Subparts A and C of Regulation K Agency form number: FR K-1 OMB control number: 7100-0107 Frequency: on occasion Reporters: state member banks, national banks, bank holding companies, Edge and agreement corporations, and certain foreign banking organizations Annual reporting hours: 636 Estimated average hours per response: Attachments A - G: 10 Attachments H, I: 15 Attachment J: 20 Number of respondents: 36 Small businesses are not affected. General description of report: This information collection is mandatory(12 U.S.C. 601-604(a), 611-631, 1843(c)(13), 1843(c)(14), and 1844(c)) and is not given confidential treatment. The applying organization has the opportunity to request confidentiality for information that it believes will qualify for a Freedom of Information Act exemption. Abstract: The FR K-1 comprises a set of applications and notifications that govern the formation of Edge or agreement corporations and the international and foreign activities of U.S. banking organizations. The applications and notifications collect information on projected financial data, purpose, location, activities, and management. The Federal Reserve requires these applications for regulatory and supervisory purposes and to allow the Federal Reserve to fulfill its statutory obligations under the Federal Reserve Act and the Bank Holding Company Act of 1956. Regulatory Flexibility Act Statement: The Board certifies that the extension of the above applications and notifications is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Proposal to approve under OMB delegated authority the extension for three years, with revision, of the following reports: 1. Report title: Reports Related to Public Welfare Investments of State Member Banks Agency form number: FR H-6 OMB control number: 7100-0278 Frequency: event-generated Reporters: state member banks Annual reporting hours: 78 Estimated average hours per response: Investment Notice: 2 Application: 2.75 Extension of divestiture period: 5 Number of respondents: 35 Small businesses are not affected. General description of report: This information collection is required to obtain a benefit (12 U.S.C. 338a) and is generally not given confidential treatment. However, if the information collected contains an examination rating (or other supervisory information), that information would be exempt from disclosure (5 U.S.C. 552(b)(4)). Abstract: The FR H-6 comprises of an investment notice, application for Board approval of an investment, and request for extension of the divestiture period of an investment. The state member banks may make certain public welfare investments without prior Board approval, they need only notify the Federal Reserve. Certain other public welfare investments require prior approval and the request must be [[Page 4105]] submitted to the Board. If an investment ceases to conform to certain requirements the state member bank must divest itself of the investment. In some cases the bank must submit a request for extension of the divestiture period. The proposed revisions for the FR H-6 would conform the information collection with the recently revised Regulation H. The Board is eliminating the requirement that, to avoid applying for Board approval, the investment must be smaller than 2 percent of capital and surplus. This should result in fewer applications and more notices of investments not requiring Board approval. Additionally, a requirement has been added to the application for Board approval: if the bank is not permitted to make the investment without Board approval, the institution must explain the reason(s) why the investment is ineligible. Regulatory Flexibility Act Analysis: Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)) the Federal Reserve hereby certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities. 2. Report title: Application for Prior Approval to Become a Bank Holding Company, or for a Bank Holding Company to Acquire an Additional Bank or Bank Holding Company Agency form number: FR Y-3 OMB control number: 7100-0121 Frequency: Event-generated Reporters: Corporations seeking to become bank holding companies, or bank holding companies and state chartered banks that are members of the Federal Reserve System Annual reporting hours: 30,443 Estimated average hours per response: Section 3(a)(1): 49 hours, Section 3(a)(3) and 3(a)(5): 59.5 hours Number of respondents: Pursuant to Section 3(a)(1): 274, Pursuant to Section 3(a)(3) and 3(a)(5): 286 Small businesses are affected. General description of report: This information collection is mandatory (12 U.S.C. Secs. 1842(a)(1), (a)(3), and (a)(5) and 12 U.S.C. Sec. 1844(c)). Individual respondent data are available to the public except any portions which have been granted confidential treatment at the applicants request (5 U.S.C.552 (b)(4) and (b)(8)). Abstract: This application collects information concerning proposed bank holding company formations, acquisitions, and mergers between banks and bank holding companies for review by the Federal Reserve. The application collects financial and managerial information and data on competitive and public convenience factors. Current Actions: Tier 3 capital would be included in the information requested for question 4.d of the FR Y-3 due to changes in the international risk-based capital standards. Information on debt servicing would be added to the FR Y-3 to conform the report with revisions to sections 225.24 and 225.17 of Regulation Y. Clarifications are proposed to the ``Competition and Convenience and Needs'' section of the application to remove certain outdated references. Question 11 of this section would be clarified and question 12 of this section would be revised to conform with proposed changes to the Interagency Bank Merger Act Application (FR 2070; OMB No. 7100- 0171). In addition, clarifications would be made to the publication requirements for this application. 3. Report title: Application for Prior Approval to Engage Directly or Indirectly in Certain Nonbanking Activities Agency form number: FR Y-4 OMB control number: 7100-0121 Frequency: Event-generated Reporters: Bank holding companies Annual reporting hours: 4,147 Estimated average hours per response: Post-consummation: 0.50 hours; Expedited notification: 5 hours; Complete notification: 12 hours. Number of respondents: Post-consummation: 29; Expedited notification: 92; Complete notification: 306. Small businesses are affected. General description of report: This information collection is mandatory (12 U.S.C. Sec. 1843 and 1844 (c)). Individual respondent data are available to the public except any portions granted confidential treatment at the applicants request (5 U.S.C. Sec. 552(b)(4) and (8)). Abstract: This form is completed by a bank holding company seeking prior approval (1) to acquire or retain the assets or shares of a nonbank company or (2) to engage de novo in nonbank activities. Most applications require information on the proposed transaction, information on competition and public benefits, and financial and managerial information. For applications to engage de novo in nonbank activities permissible under Regulation Y, less detailed information is required. Current Actions: The Federal Reserve proposes to revise the FR Y-4 to reflect changes to Regulation Y that provide for two separate streamlined procedures for certain nonbanking proposals that are intended to reduce significantly regulatory burden and to improve the ability of well-run bank holding companies to respond quickly to changes in the market place. The FR Y-4 would become a notification form instead of an application. 4. Report title: Annual Report of Foreign Banking Organizations; Foreign Banking Organization Structure Report on U.S. Banking and Nonbanking Activities; Foreign Banking Organization Confidential Report of Operations Agency form number: FR Y-7; FR Y-7A; FR 2068 OMB control number: 7100-0125 Frequency: Annual Reporters: foreign banking organizations Annual reporting hours: 5,150 hours Estimated average hours per response: 15.75 Number of respondents: 327 Small businesses are not affected. General description of report: These information collections are mandatory (12 U.S.C. Secs. 1844(c), 3106, and 3108(a)). Upon request from a respondent certain information in the FR Y-7 and FR Y-7A may be given confidential treatment pursuant to the Freedom of Information Act (5 U.S.C. Secs. 552(b)(4) and (6)). The FR 2068 is a confidential report of operations that is exempted from public disclosure pursuant to the Freedom of Information Act (5 U.S.C. Sec. 552(b)(8) and 12 CFR Sec. 261.11(h). Abstract: The FR Y-7, FR Y-7A, and FR 2068 are annual reports completed by foreign banking organizations that engage in banking in the United States, either indirectly through a subsidiary bank, Edge or agreement corporation, or commercial lending company, or directly through a branch or agency. The FR Y-7 collects financial, managerial, and organizational information on the foreign banking organization. The FR 2068 collects confidential financial and organizational information, which is not collected in the FR Y-7. A foreign banking organization is currently exempt from filing the FR 2068 if it meets certain criteria related to the size and type of its U.S. banking operations. The FR Y- 7A collects structural information on the foreign banking organization and its subsidiaries. All of the reports are filed as of the end of the reporter's fiscal year. The information contained in these reports is used by the Federal Reserve System to assess the foreign banking organization's ability to be a continuing source of strength to its U.S. banking operations and to determine compliance with U.S. laws and regulations. [[Page 4106]] Current Actions: The Federal Reserve proposes to reduce regulatory reporting burden for foreign banking organizations (FBOs) by eliminating the FR 2068 and by reducing and clarifying the amount of information to be reported on the FR Y-7 and FR Y-7A. Most of the information collected in the FR 2068 is now publicly available. The publicly available portion of two of the items currently reported on the FR 2068 would be added to the FR Y-7: (1) financial statements of unconsolidated majority-owned related subsidiaries, and (2) financial data on unconsolidated minority-owned related companies. The most significant changes on the FR Y-7 are the elimination of the information requested on directors and officers, the simplification of the information requested for the organization chart, and the addition of two items currently reported on the FR 2068 as mentioned above The most significant changes on the FR Y-7A are the simplification of the information requested on securities held through debts previously contracted and on Legal Authority, and the addition of four new items. Proposal to approve under OMB delegated authority the implementation of the following report: 1. Report title: Notice for Prior Approval to Become a Bank Holding Company, or for a Bank Holding Company to Acquire an Additional Bank or Bank Holding Company Agency form number: FR Y-3N OMB control number: 7100-0121 Frequency: Event-generated Reporters: Corporations seeking to become bank holding companies, or bank holding companies and state chartered banks that are members of the Federal Reserve System Annual reporting hours: 945 Estimated average hours per response: 5 hours Number of respondents: 189 Small businesses are affected. General description of report: This information collection is mandatory (12 U.S.C. Sec. 1844(c)). Individual respondent data are available to the public except any portions which have been granted confidential treatment at the applicant's request (5 U.S.C. 552 (b)(4) and (b)(8)). Abstract: The Federal Reserve is proposing to implement the FR Y-3N due to Regulation Y revisions that provide for streamlined processes for reviewing applications and notifications from respondents meeting certain qualifying criteria. The FR Y-3N requests substantially less information than the current FR Y-3 for respondents that meet the qualifying criteria. Current Actions: The proposed FR Y-3N reporting form would be used for: (1) notifications filed using the abbreviated notice procedures for certain BHC formations, as described in section 225.17 of Regulation Y; (2) notifications filed to acquire shares, assets, or control of a bank, or a merger or consolidation between BHCs, filed under the streamlined procedures described in section 225.14 of Regulation Y, and (3) notifications filed to acquire a nonbank insured depository institution that require approval under section 4 of the BHC Act, if the BHC and the proposal would meet all of the criteria for expedited action under section 225.14 if the nonbank insured depository institution were a bank. Proposal to approve under OMB delegated authority the discontinuance of the following reports: 1. Report title: Notification Pursuant to Section 211.23(h) of Regulation K on Acquisitions by Foreign Banking Organizations Agency form number: FR 4002 OMB control number: 7100-0110 Frequency: Event-generated Reporters: foreign banking organizations Annual reporting hours: 80 Estimated average hours per response: 0.50 Number of respondents: 160 Small businesses are not affected. General description of report: This information collection is mandatory (12 U.S.C. Secs. 1844(c), 3106, and 3108(a)). Upon request from a respondent certain information in the FR 4002 may be given confidential treatment pursuant to the Freedom of Information Act (5 U.S.C. Secs. 552(b)(4) and (6)). Abstract: The FR 4002 is an event-generated information collection that foreign banking organizations are required to submit, in a letter to the appropriate Federal Reserve Bank. The information is due within thirty days of the end of a quarter during which the foreign banking organization acquires shares of companies that engage, directly or indirectly, in business in the United States, or during which a foreign subsidiary of the FBO commences direct activities in the United States. The letter should include a brief description of the nature and scope of each company's U.S. business(es), including the four-digit Standard Industrial Classification (SIC) code(s) of the U.S. activities of the company and of its direct parent, and a statement of total assets and total revenue of the direct parent. The foreign banking organization is not required to report information whose collection would cause the FBO to incur ``unreasonable effort or expense,'' or information that is otherwise ``unknown and not reasonably available.'' Current Actions: In December 1997, the Board proposed changes to Regulation K to require the information reported in the FR 4002 annually instead of quarterly (62 FR 68424). If the Board implements these proposed changes, the information collected on the FR 4002 will be reflected annually in the FR Y-7 and FR Y-7A, eliminating the need for this separate information collection. However, the final rulemaking has not been published. This proposal seeks approval to discontinue the FR 4002 upon publication of a final rulemaking permitting annual reporting of the information. Board of Governors of the Federal Reserve System, January 21, 1999. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 99-1838 Filed 1-26-99; 8:45AM] Billing Code 6210-01-F