[Federal Register: December 31, 2003 (Volume 68, Number 250)]
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
ACTION: Joint notice and request for comment.
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.
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 firstname.lastname@example.org. 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 email@example.com, 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
firstname.lastname@example.org. 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 email@example.com, 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
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
firstname.lastname@example.org, (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.
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
OCC: Disclosure and Reporting of CRA-Related Agreements (12 CFR
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
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
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,
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.
Business or other for-profit; individuals.
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
Estimated Annual Burden Hours
OCC: 3,899 hours.
Board: 910 hours.
FDIC: 501.6 hours.
OTS: 1,416 hours.
Frequency of Response
All comments will become a matter of public record. Comments are
(a) Whether the collection is necessary for the proper performance
of the functions of the Agency, including whether the information has
(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,
Dated: December 17, 2003.
By the Office of Thrift Supervision.
Richard M. Riccobono,
[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