[Federal Register: June 9, 2004 (Volume 69, Number 111)]
[Notices]
[Page 32414-32416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn04-126]
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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; Proposed Revision of
Information Collection; Comment Request
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: The OCC, Board, FDIC, and OTS (Agencies), as part of their
continuing effort to reduce paperwork and respondent burden, invite the
general public and other Federal agencies to comment on proposed
revisions to a continuing information collection, as required by the
Paperwork Reduction Act of 1995. The Agencies may not conduct or
sponsor, and the 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 are soliciting
comments on proposed revisions to the information collections titled:
``Interagency Biographical and Financial Report'' and ``Interagency
Notice of Change in Control.'' Additionally, the OCC is making other
clarifying changes to the Comptroller's Licensing Manual. Also, the
Board is proposing to extend, without revision, the Interagency Notice
of Change in Director or Senior Executive Officer.
DATES: You should submit written comments by August 9, 2004.
ADDRESSES: Interested parties are invited to submit comments to any or
all of the Agencies and the OMB Desk Officer. All comments, which
should refer to the OMB control number, will be shared among the
Agencies:
OCC: Office of the Comptroller of the Currency, Public Information
Room, 250 E Street, SW., Mail Stop 1-5, Attention: 1557-0014,
Washington, DC 20219. Due to delays in paper mail delivery in the
Washington area, commenters are urged to fax comments to (202) 874-
4448, or e-mail comments to regs.comments@occ.treas.gov. You may make
an appointment to inspect and photocopy comments by calling (202) 874-
5043.
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 261.12, except as provided in 261.14, of the
Board's Rules Regarding Availability of Information, 12 CFR 261.12 and
261.14.
FDIC: Comments may be mailed to Tom Nixon, Paperwork Clearance
Officer, Legal Division, Federal Deposit Insurance Corporation, 550
17th Street, NW, Washington, DC 20429. Comments also 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. or
submitted by e-mail to tnixon@fdic.gov. Comments may be inspected and
photocopied in the FDIC Public Information Center, Room 100, 801 17th
Street, NW., Washington, DC between 9 a.m. and 4:30 p.m. on business
days.
OTS: Information Collection Comments, Chief Counsel's Office,
Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552,
Attention: 1550-0005, -0015, -0032, -0047, FAX Number (202) 906-6518,
or 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-
[[Page 32415]]
5922, send an e-mail to publicinfo@ots.treas.gov, or send a fax to
(202) 906-7755.
OMB Desk Officer for the Agencies: Mark Menchik, Office of
Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, Room 10235, Washington, DC 20503, or e-
mail to mmenchik@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: You may request additional information
from:
OCC: John Ference, OCC Clearance Officer, or Camille Dixon, (202)
874-5090, Legislative and Regulatory Activities Division, Office of the
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
For subject matter information, you may contact Cheryl Martin at (202)
874-4614, Licensing Activities, Licensing Department, Office of the
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
Board: Michelle Long, Acting Federal Reserve Board Clearance
Officer, (202) 452-3829, Division of Research and Statistics, Board of
Governors of the Federal Reserve System, 20th and C Streets, NW.,
Washington, D.C. 20551. Telecommunications Device for the Deaf (TDD)
users may call (202) 263-4869.
FDIC: Tom Nixon, Paperwork Clearance Officer, (202) 898-3907, Legal
Division, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
OTS: Marilyn K. Burton, OTS Clearance Officer, (202) 906-6467;
Frances C. Augello, Senior Counsel, Business Transactions Division,
(202) 906-6151; Patricia D. Goings, Regulatory Analyst, Supervision
Policy, (202) 906-5668; or Damon C. Zaylor, Regulatory Analyst,
Supervision Policy, (202) 906-6787, Office of Thrift Supervision, 1700
G Street, NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION: Proposal to extend for three years, with
revision, the following currently approved collections of information:
Report Titles: Interagency Biographical and Financial Report and
Interagency Notice of Change in Control.
OCC's Title: Comptroller's Licensing Manual (Manual). The specific
portions of the Manual covered by this notice are those that pertain to
the ``Background Investigations'' and ``Change in Bank Control''
booklets of the Manual and various portions to which the OCC is making
technical and clarifying changes.
Board's Additional Title: Interagency Notice of Change in Director
or Senior Executive Officer. The Board also is proposing to extend this
form, without revision, which is part of this information collection.
OMB Numbers:
OCC: 1557-0014.
Board: 7100-0134.
FDIC: Interagency Biographical and Financial Report, 3064-0006;
Interagency Notice of Change in Control, 3064-0019.
OTS: Interagency Biographical and Financial Report,1550-0005, 1550-
0015, 1550-0047; Interagency Notice of Change in Control, 1550-0032.
Form Numbers:
OCC: None.
Board: FR 2081a, b, c.
FDIC: Interagency Biographical and Financial Report, Form 6200-06;
Interagency Notice of Change in Control, Form 6822-01
OTS: Interagency Biographical and Financial Report, Form 1623;
Interagency Notice of Change in Control, Form 1622.
Affected Public: Individuals or households; Businesses or other
for-profit.
Type of Review: Revision of a currently approved collection.
Estimated Number of Respondents:
OCC: Interagency Biographical and Financial Report--450;
Interagency Notice of Change in Control--17; Satisfaction Survey--680;
Conversion--20; Capital--150.
Board: Interagency Biographical and Financial Report--850;
Interagency Notice of Change in Control--120; and Interagency Notice of
Change in Director or Senior Executive Officer--121.
FDIC: Interagency Biographical and Financial Report--1,769;
Interagency Notice of Change in Control--27.
OTS: Interagency Biographical and Financial Report--886;
Interagency Notice of Change in Control--35.
Frequency of Response: On occasion.
Estimated Annual Burden Hours per Response:
OCC: Interagency Biographical and Financial Report--4; Interagency
Notice of Change in Control--30; Satisfaction Survey--0.50;
Conversion--4.5; Capital--1.
Board: Interagency Biographical and Financial Report--4;
Interagency Notice of Change in Control--30; Interagency Notice of
Change in Director or Senior Executive Officer--2.
FDIC: Interagency Biographical and Financial Report--4 ;
Interagency Notice of Change in Control--30.
OTS: Interagency Biographical and Financial Report--4; Interagency
Notice of Change in Control--30.
Estimated Total Annual Burden Hours:
OCC: Interagency Biographical and Financial Report--1,800;
Interagency Notice of Change in Control--510; Satisfaction Survey--340;
Conversion--90; Capital--150.
Board: Interagency Biographical and Financial Report--3,400;
Interagency Notice of Change in Control--3,600; and Interagency Notice
of Change in Director or Senior Executive Officer--242.
FDIC: Interagency Biographical and Financial Report--7,076;
Interagency Notice of Change in Control--810.
OTS: Interagency Biographical and Financial Report--3,544;
Interagency Notice of Change in Control--1,050.
General Description of Report: This information collection is
mandatory. 12 U.S.C. 1828(c) (OCC, FDIC, and OTS), and 12 U.S.C.
1817(j), and 12 U.S.C. 1813(q) (Board). Except for select sensitive
items, this information collection is not given confidential treatment.
Small businesses, that is, small institutions, are affected.
Abstract: This submission covers a revision to the Agencies'
Interagency Biographical and Financial Report. The biographical
information is used to evaluate the competence, experience, character,
and integrity of the persons proposed as organizers, senior executive
officers, directors, or principal shareholders of depository
institutions or their holding companies. The financial information is
used to evaluate the financial ability of those persons. This form also
is used to evaluate proposed acquisitions.
This submission also covers a revision to the Agencies' Interagency
Notice of Change in Control. An individual, a group, or a company that
proposes to acquire control of a depository institution or its holding
company must submit prior notice of that intent to the appropriate
Agency pursuant to the Change in Bank Control Act and the Agencies'
applicable regulations.
The Agencies need the information from both of these forms to
ensure that the proposed transactions are permissible under law and
regulation and are consistent with safe and sound banking practices.
For example, the Agencies are required to consider the financial and
managerial resources and future earnings prospects of an institution
and its acquirers, directors, and executive management. Accordingly,
the Agencies use the information to evaluate specific individuals'
qualifications. Individuals organizing, acquiring control of, or
managing a financial institution must provide this information.
This submission also covers the OCC's Satisfaction Survey, and the
Conversion and Capital sample application. The OCC sends a Satisfaction
Survey to applicants after
[[Page 32416]]
the processing of a filing asking for information about the process.
The survey is voluntary, but information received enables the OCC to
refine its application process. The Conversion and Capital sample
document have been reformatted from a letter submission to a numbered
question type of submission that will facilitate the OCC's development
of an electronic submission.
This submission also covers the Board's Interagency Notice of
Change in Director or Senior Executive Officer (FR 2081b), which is
being extended without revision. The FR 2081b is used by an insured
depository institution or its parent holding company(ies) to notify the
appropriate regulatory agency of a proposed change in the board of
directors or senior executive officer of such institution or holding
company(ies). A notice of change is required if the depository
institution is viewed to be in troubled condition by its primary
federal regulatory agency. The requirement is applicable to a
depository institution or its holding company that is not in compliance
with all minimum capital requirements, is in troubled condition or,
otherwise, is required by the Board to provide such notices.
Current Actions: The Agencies modified certain sections of the
Interagency Biographical and Financial Report, especially section 5, to
improve the Agencies' capacity to evaluate the character and integrity
of a filer. The Agencies also amended the form to make it easier to
understand the type and scope of information that must be provided. For
example, the Agencies made each question in section 5 more descriptive
to clarify for filers the circumstances under which further explanatory
information should be provided with the Report.
In addition, the Agencies made changes to comply with Section 508
of the Rehabilitation Act, which requires Federal departments and
agencies, when developing and using electronic and information
technology, to ensure that the relevant information and technology is
accessible to individuals with disabilities. Specifically, the Agencies
amended the report to improve the ability of the form to be read by
screen reader software applications used by individuals with visual
impairments.
The Agencies modified the Interagency Notice of Change in Control
to gather relevant information to comply with Section 307(c) of the
Gramm-Leach-Bliley Act (GLBA). This section of GLBA requires the
appropriate Agency to consult with the appropriate state insurance
regulator prior to making any determination relating to the affiliation
of a depository institution with a company engaged in insurance
activities. As a result, the Agencies propose to add an item to the
Interagency Notice of Change in Control to collect information
regarding the name of an affiliated insurance company, a description of
its insurance activities, and the name of the state in which the
company is domiciled or in which it has a resident license. Exception:
The OTS requires a company filing for a change in control of a federal
savings bank or savings and loan association to use the appropriate
holding company application and therefore, it will not have any company
filing this form.
The Agencies made technical corrections to the General Instructions
for both forms to make them uniform with revisions to other recently
issued interagency forms and to ensure consistency, where appropriate,
with other forms the Agencies use. The Agencies also added definitions
for certain essential terms to the General Instructions for the
Interagency Biographical and Financial Report to make it easier for
filers to determine whether a given request for information is
applicable.
Further, the OCC is changing its ``General Policies and
Procedures'' booklet of the Manual by adding questions to its
Satisfaction Survey (survey). The OCC sends a survey to applicants
after the processing of the filing is final. This survey, which is
voluntary, provides the OCC with information that enables the agency to
refine and improve its application process. The additional questions
relate to the electronic submission of certain types of applications
and the effectiveness of the electronic system. The OCC also is
changing to the format of the conversion and capital applications that
are part of the ``Conversions'' and ``Capital and Dividends'' booklets
of the Manual. Previously the OCC used a letter format. The OCC is
changing that format to an application type of filing so that it will
be able to accept the submission electronically. The changes to these
documents are not material and are technical in nature. These changes
are an administrative adjustment, and do not change the requirements on
national banks.
Comments: Comments submitted in response to this notice will be
summarized in each Agency's request for OMB approval, and analyzed to
determine the extent to which the collection should be modified. All
comments will become a matter of public record.
Written comments are invited on:
a. Whether the information collection is necessary for the proper
performance of the agencies' functions, including whether the
information has practical utility;
b. The accuracy of the agencies' estimates of the burden of the
information collection, 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 collection on
respondents, including through the use of automated collection
techniques or other forms of information technology; and
e. Estimates of capital or start up costs and costs of operation,
maintenance, and purchase of services to provide information.
Dated: June 2, 2004.
Stuart E. Feldstein,
Assistant Director, Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency.
Board of Governors of the Federal Reserve System, May 27, 2004.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 27th day of February, 2004.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.
Dated: February 26, 2004.
By the Office of Thrift Supervision.
Richard M. Riccobono,
Deputy Director.
[FR Doc. 04-12999 Filed 6-8-04; 8:45 am]
BILLING CODE 4810-33-P
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