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FDIC Federal Register Citations

[Federal Register: December 31, 2003 (Volume 68, Number 250)]
[Notices]               
[Page 75728-75730]
[DOCID:fr31de03-196]                         

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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

Office of Thrift Supervision

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION

 
Agency Information Collection Activities: Submission for OMB 
Review; Comment Request--CRA Sunshine

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); Federal 
Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision 
(OTS), Treasury.

ACTION: Joint notice and request for comment.

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SUMMARY: In accordance with requirements of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the OCC, Board, FDIC, and OTS 
(collectively, the Agencies) may not conduct or sponsor, and a 
respondent is not required to respond to, an information collection 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. The Agencies hereby give notice that they plan to 
submit information collections regarding their respective CRA Sunshine 
(Disclosure and Reporting of CRA-Related Agreements) regulations to OMB 
for review and approval.

DATES: Submit written comments on or before January 30, 2004.

[[Page 75729]]


ADDRESSES: You should direct your comments to:
    OCC: Public Information Room, Office of the Comptroller of the 
Currency, Mailstop 1-5, Attention: 1557-0219, 250 E Street, SW., 
Washington, DC 20219. Due to delays in paper mail delivery in the 
Washington area, commenters are encouraged to submit their comments by 
fax to (202) 874-4448, or by e-mail to regs.comments@occ.treas.gov. You 
can make an appointment to inspect the comments by calling (202) 874-
5043 for an appointment.
    Board: Comments may be mailed to Ms. Jennifer J. Johnson, 
Secretary, Board of Governors of the Federal Reserve System, 20th 
Street and Constitution Avenue, NW., Washington, DC 20551. However, 
because paper mail in the Washington area and at the Board of Governors 
is subject to delay, please consider submitting your comments by e-mail 
to regs.comments@federalreserve.gov, or faxing them to the Office of 
the Secretary at (202) 452-3819 or (202) 452-3102. Members of the 
public may inspect comments in Room MP-500 between 9 a.m. and 5 p.m. on 
weekdays pursuant to Sec.  261.12, except as provided in Sec.  261.14, 
of the Board's Rules Regarding Availability of Information, 12 CFR 
261.12 and 261.14.
    FDIC: Steven F. Hanft, (202) 898-3907, Legal Division (Consumer and 
Compliance Unit), Room MB-3064, Federal Deposit Insurance Corporation, 
550 17th Street, NW., Washington, DC 20429. All comments should refer 
to the OMB control number 3064-1039. Comments may be hand-delivered to 
the guard station at the rear of the 17th Street building (located on F 
Street) on business days between 7 a.m. and 5 p.m.
    OTS: Information Collection Comments, Chief Counsel's Office, 
Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, 
by fax to (202) 906-6518, or by e-mail to 
infocollection.comments@ots.treas.gov. OTS will post comments and the 
related index on the OTS Internet site at http://www.ots.treas.gov. In 

addition, interested persons may inspect comments at the Public Reading 
Room, 1700 G Street, NW., by appointment. To make an appointment, call 
(202) 906-5922, send an e-mail to publicinfo@ots.treas.gov, or send a 
facsimile transmission to (202) 906-7755.
    OMB Desk Officer: Joseph F. Lackey, Jr., Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 10235, Washington, DC 20503, or e-mail to 
jlackeyj@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: You can request additional information 
or a copy of the collection from:
    OCC: John Ference, Acting OCC Clearance Officer, (202) 874-4824, 
Legislative & Regulatory Activities Division, Office of the Comptroller 
of the Currency, 250 E Street, SW., Washington, DC 20219.
    Board: Cindy Ayouch, Federal Reserve Board Clearance Officer, (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 (202) 263-4869, Board of 
Governors of the Federal Reserve System, Washington, DC 20551.
    FDIC: Steven F. Hanft, FDIC Clearance Officer, (202) 898-3907, fax 
number (202) 898-3838, Legal Division (Consumer and Compliance Unit), 
Federal Deposit Insurance Corporation, Room MB-3064, 550 17th Street, 
NW., Washington, DC 20429.
    OTS: Marilyn K. Burton, OTS Clearance Officer, at 
marilyn.burton@ots.treas.gov, (202) 906-6467, or facsimile number (202) 
906-6518, Regulations and Legislation Division, Chief Counsel's Office, 
Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.

SUPPLEMENTARY INFORMATION: 

Comments

    The Agencies jointly requested comments on the proposed extension, 
without revision, of the information collections contained in the CRA 
Sunshine regulations on September 18, 2003 (68 FR 54785). No comments 
were received.

Titles

    OCC: Disclosure and Reporting of CRA-Related Agreements (12 CFR 
35).
    Board: Disclosure and Reporting Requirements of CRA-Related 
Agreements (Reg G).
    FDIC: CRA Sunshine (12 CFR 346).
    OTS: CRA Sunshine (12 CFR 533).

OMB Control Numbers

    OCC: 1557-0219.
    Board: 7100-0299.
    FDIC: 3064-1039.
    OTS: 1550-0105.

Description

    Section 48 of the Federal Deposit Insurance Act requires 
nongovernmental entities or persons (NGEPs), insured depository 
institutions, and affiliates of insured depository institutions that 
are parties to certain agreements that are in fulfillment of the 
Community Reinvestment Act of 1977 to make the agreements available to 
the public and the appropriate agency, and to file annual reports 
concerning the agreements with the appropriate agency.
    The Agencies are proposing to extend OMB approval of the 
information collections associated with the regulations implementing 
the CRA Sunshine provisions of section 48. The regulations are found at 
12 CFR part 35 (OCC), 12 CFR part 207 (Board), 12 CFR part 346 (FDIC), 
and 12 CFR part 533 (OTS). This submission involves no change to the 
regulations or to the information collection requirements.
    The information collection requirements contained in the 
regulations are as follows:
    Section ----.6(b)(1) requires each nongovernmental entity or person 
(NGEP) and each insured depository institution or affiliate (IDI) that 
enters into a covered agreement to make a copy of the covered agreement 
available to any individual or entity upon request.
    Section ----.6(c)(1) requires each NGEP that is a party to a 
covered agreement to provide within 30 days after receiving a request 
from the relevant supervisory agency (1) a complete copy of the 
agreement; and (2) in the event the NGEP seeks confidential treatment 
of any portion of the agreement under FOIA, a copy of the agreement 
that excludes information for which confidential treatment is sought 
and an explanation justifying the request.
    Sections ----.6(d)(1)(i) and ----.6(d)(1)(ii) require each IDI 
within 60 days of the end of each calendar quarter to provide each 
supervisory agency with either (1) a complete copy of each covered 
agreement entered into by the IDI or affiliate during the calendar 
quarter; and in the event the IDI seeks confidential treatment of any 
portion of the agreement under FOIA, a copy of the agreement that 
excludes information for which confidential treatment is sought and an 
explanation justifying the request; or (2) a list of all covered 
agreements entered into by the IDI or affiliate during the calendar 
quarter.
    Section ----.6(d)(2) requires an IDI or affiliate to provide any 
relevant supervisory agency with a complete copy and public version of 
any covered agreement, if the IDI submits a list of their covered 
agreements pursuant to section ----.6(d)(1)(ii).
    Section ----.7(b) requires each NGEP and IDI that is a party to a 
covered agreement to file an annual report with each relevant 
supervisory agency concerning the disbursement, receipt,

[[Page 75730]]

and uses of funds or other resources under the covered agreement.
    Section ----.7(f)(2)(ii) requires an IDI that receives an annual 
report from a NGEP pursuant to section ----.7(f)(2)(i) to file the 
report with the relevant supervisory agency or agencies on behalf of 
the NGEP within 30 days.
    Section ----.4(b) requires an IDI that is party to a covered 
agreement that concerns any activity described in section ----.4(a) of 
a CRA affiliate to notify each NGEP that is a party to the agreement 
that the agreement concerns a CRA affiliate.

Affected Public

    Business or other for-profit; individuals.

Burden Estimates

    The reduction in the estimated burden is due to a change in the 
method of estimation. The old estimate, made three years ago, was based 
on the assumption and projection that 50 percent of insured depository 
institutions would be parties to a covered agreement. The new estimate 
is based on the actual number of IDIs or their affiliates that reported 
covered agreements to the agencies in 2001 and 2002, and is therefore 
more accurate. The number of NGEP respondents is based on an assumption 
that one NGEP is a party to each covered agreement.

Estimated Number of Respondents

    OCC: 25 IDI; 337 NGEP.
    Board: 13 IDI; 78 NGEP.
    FDIC: 13 IDI; 36 NGEP.
    OTS: 24 IDI; 120 NGEP.

Estimated Number of Responses

    OCC: 2,813.
    Board: 637.
    FDIC: 316.
    OTS: 984.

Estimated Annual Burden Hours

    OCC: 3,899 hours.
    Board: 910 hours.
    FDIC: 501.6 hours.
    OTS: 1,416 hours.

Frequency of Response

    On occasion.
    All comments will become a matter of public record. Comments are 
invited on:
    (a) Whether the collection is necessary for the proper performance 
of the functions of the Agency, including whether the information has 
practical utility;
    (b) The accuracy of the Agency's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or startup costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: December 8, 2003.
Mark J. Tenhundfeld,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.

    By order of the Board of Governors of the Federal Reserve System 
December 18, 2003.
Jennifer J. Johnson,
Secretary of the Board.

    Dated in Washington, DC, this 15th day of December, 2003. 
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.

    Dated: December 17, 2003.

    By the Office of Thrift Supervision.
Richard M. Riccobono,
Deputy Director.
[FR Doc. 03-32118 Filed 12-30-03; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P

Last Updated 01/05/2004 regs@fdic.gov