FDIC Federal Register Citations

[Federal Register: January 2, 2008 (Volume 73, Number 1)]
[Notices]              
[Page 187-189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja08-54]                        

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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL DEPOSIT INSURANCE CORPORATION

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

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; and Federal Deposit Insurance Corporation (FDIC).

ACTION: Joint notice and request for comments.

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SUMMARY: The OCC and FDIC (Agencies), as part of their continuing
effort to reduce paperwork and respondent burden, invite the 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 Bank
Merger Act Application.'' The General Information and Instructions
section has been revised to delete information about the Bank Insurance
Fund (BIF), the Savings Association Insurance Fund (SAIF), and the
Oakar statutory provisions. In addition, corresponding legal citations
on the form to these provisions are being deleted. The Agencies also
solicit comment on the renewal without change to the information
collections titled: ``Interagency Biographical and Financial Report''
and ``Interagency Notice of Change in Control.'' The OCC solicits
comment on the renewal without change to its ``Interagency Notice of
Change in Directors or Senior Executive Officers'' information
collection. Additionally, the OCC is making other clarifying changes to
the Comptroller's Licensing Manual (Manual). The Agencies are also
giving notice that the information collection has been submitted to OMB
for review.

DATES: You should submit written comments by February 1, 2008.

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

    Communications Division, Office of the Comptroller of the Currency,
Public Information Room, Mail Stop 1-5, Attention: 1557-0014, 250 E
Street, SW., Washington, DC 20219. In addition, comments may be sent by
fax to (202) 874-4448, or by electronic mail to
regs.comments@occ.treas.gov. You may personally inspect and photocopy

comments at the OCC's Public Information Room, 250 E Street, SW.,
Washington, DC. For security reasons, the OCC requires that visitors
make an appointment to inspect comments. You may do so by calling (202)
874-5043. Upon arrival, visitors will be required to present valid
government-issued photo identification and submit to security screening
in order to inspect and photocopy comments.

FDIC

    Valerie Best, Supervisory Counsel, (202) 898-3812, Legal Division,
Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429. All comments should refer to ``Interagency Bank
Merger Act Application,'' the ``Interagency Biographical and Financial
Report,'' or the ``Interagency Notice of Change in Control,'' as
appropriate.

[[Page 188]]

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. [E-mail address: comments@fdic.gov]. All comments
received will be posted without change to http://www.fdic.gov/regulations/laws/federal/notices.html
 including any personal

information provided. Comments may be inspected and photocopied in the
FDIC Public Information Center, Room E-1002, 3501 Fairfax Drive,
Arlington, VA 22226, between 9 a.m. and 4:30 p.m. on business days.
    Additionally, commenters may send a copy of their comments to the
OMB Desk Officer for the Agencies by mail to the Office of Information
and Regulatory Affairs, U.S. 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: You may request additional information
from:

OCC

    Mary Gottlieb, OCC Clearance Officer, 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 Yoo Jin Na at (202) 874-4604, Licensing Activities,
Licensing Department, Office of the Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.

FDIC

    Valerie Best, Supervisory Counsel, (202) 898-3812, Legal Division,
Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.

SUPPLEMENTARY INFORMATION:  Proposal to extend for three years, with
revision, the following currently approved collections of information:
    OCC's Information Collection Title: Comptroller's Licensing Manual
(Manual). The specific portions of the Manual covered by this notice
are those that pertain to the ``Business Combinations,'' ``Branches and
Relocations,'' ``Capital and Dividends,'' ``Charters,'' ``Change in
Bank Control,'' ``Comments to Other Agencies,'' ``General Policies and
Procedures,'' ``Investment in Bank Premises,'' ``Investment in
Subsidiaries and Equities,'' ``Management Interlocks,'' and ``Public
Notice and Comments'' booklets of the Manual and various portions to
which the OCC is making technical and clarifying changes.
    All Agencies' Report Title and FDIC's Information Collection Title:
Interagency Bank Merger Act Application.
    All Agencies' Report Titles and FDIC's Information Collection
Title: Interagency Biographical and Financial Report and Interagency
Notice of Change in Control.
    OCC Report Title: Interagency Notice of Change in Directors or
Senior Executive Officers.
    OMB Numbers:
    OCC: 1557-0014.
    FDIC: Interagency Bank Merger Act Application, 3064-0015;
Interagency Biographical and Financial Report, 3064-0006; Interagency
Notice of Change in Control, 3064-0019.
    Form Numbers:
    OCC: None.
    FDIC: Interagency Bank Merger Act Application, 6220/01 and 6220/07;
Interagency Notice of Change in Control, Form 6822/01; Interagency
Biographical and Financial Report, Form 6200/06.
    Affected Public: Individuals or households; Businesses or other
for-profit.
    Type of Review: Revision or renewal of currently approved
collections.
    Estimated Number of Respondents:
    OCC: Interagency Bank Merger Act Application--152; Interagency
Biographical and Financial Report--450; Interagency Notice of Change in
Directors or Senior Executive Officers--150; Interagency Notice of
Change in Control--13.
    FDIC: Interagency Bank Merger Act Application--275; Interagency
Biographical and Financial Report--1,769; Interagency Notice of Change
in Control--27.
    Frequency of Response: On occasion.
    Estimated Annual Burden Hours per Response:
    OCC: Interagency Bank Merger Act Application--23.5; Interagency
Biographical and Financial Report--4; Interagency Notice of Change in
Directors or Senior Executive Officers--2; Interagency Notice of Change
in Control--30.
    FDIC: Interagency Bank Merger Act Application--23.5; Interagency
Biographical and Financial Report--4; Interagency Notice of Change in
Control--30.
    Estimated Total Annual Burden Hours:
    OCC: Interagency Bank Merger Act Application--3,572; Interagency
Biographical and Financial Report--1,800; Interagency Notice of Change
in Directors or Senior Executive Officers--300; Interagency Notice of
Change in Control--510. Total: 6,182 burden hours.
    FDIC: Interagency Bank Merger Act Application--6,463; Interagency
Biographical and Financial Report--7,076; Interagency Notice of Change
in Control--810.
    Total: 14,349 burden hours.

General Description of Report

    These information collections are mandatory. Interagency Bank
Merger Act Application: 12 U.S.C. 1828(c), 1815(a), 12 U.S.C. 215,
215a-c. Interagency Biographical and Financial Report: 12 U.S.C. 1814,
1816, 1817(j), 2903, and 4804. Interagency Notice of Change in
Directors or Senior Executive Officers: 12 U.S.C. 1831i; Interagency
Notice of Change in Control: 12 U.S.C. 1817(j) and 4804. The notices
and reporting form are treated as public documents. The organizations
and individuals that use the forms may request that all or a portion of
the submitted information be kept confidential. In such cases, the
burden is on the filer to justify the exemption by demonstrating that
disclosure would cause ``substantial competitive harm'' or result in
``an unwarranted invasion of personal privacy'' or would otherwise
qualify for an exemption under the Freedom of Information Act (5 U.S.C.
552). The confidentiality status of the information submitted will be
judged on a case-by-case basis.

Abstract

    The OCC, FDIC, Office of Thrift Supervision (OTS), and the Board of
Governors of the Federal Reserve System (Board) each use the
Interagency Bank Merger Act Application form to collect information for
bank merger proposals that require prior approval under the Bank Merger
Act. Prior approval is required for every merger transaction involving
affiliated or nonaffiliated institutions and must be sought from the
regulatory agency of the depository institution that would survive the
proposed transaction. A merger transaction may include a merger,
consolidation, assumption of deposit liabilities, or certain asset-
transfers between or among two or more institutions. The information
collected by the remaining notifications and forms assist the
regulatory agency in fulfilling their statutory responsibilities as
supervisors. The regulatory agency uses the information to evaluate the
controlling owners, senior officers, and directors of the insured
depository institutions subject to their oversight.

Current Actions

    This submission covers a revision to the Agencies' Interagency Bank
Merger Act Application. The General Information and Instructions
section of the application would be revised based

[[Page 189]]

on the passage of the Federal Deposit Insurance Reform Act of 2005,
enacted on February 8, 2006. Provisions of the legislation directed the
FDIC to merge the Bank Insurance Fund and the Savings Association
Insurance Fund to form the new Deposit Insurance Fund, which
subsequently merged on March 31, 2006. The formation of the single
insurance fund eliminated the need for two types of insurance-related
applications that existed to allow certain depository institutions to
convert their coverage from one insurance fund to another. Accordingly,
references in the Instructions to the previously required applications
have been deleted. Also, the legal citations on page 1 of the
application form, that correspond to the previously required
application have been deleted (previously 12 U.S.C. 1815(d)(2),
1815(d)(3)). There are no other proposed changes to this information
collection. Additionally, each of the Agencies proposes to renew two
other forms, Interagency Biographical and Financial Report and the
Interagency Notice of Change in Control, with no changes. The OCC
proposes to renew, with no changes, one additional form, the
Interagency Notice of Change in Directors or Senior Executive Officers.
The Agencies need the information from these forms to ensure that the
proposed transactions are permissible under law and regulation and are
consistent with safe and sound banking practices. The Board published a
separate Federal Register notice (72 FR 39428 (July 18, 2007)) and the
OTS plans to publish a notice requesting public comment on these
revisions.

Comments

    The Agencies issued a 60-day notice seeking comment on the
collection on August 8, 2007 (72 FR 44220). No comments were received.
    Written comments continue to be 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: December 14, 2007.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency.

    Dated at Washington, DC, this 19th day of December, 2007.
Valerie J. Best,
Assistant Executive Secretary.

FDIC: 6714-01-P (50%)

[FR Doc. E7-25463 Filed 12-31-07; 8:45 am]

BILLING CODE 4810-33-P