FDIC Federal Register Citations
[Federal Register: March 30, 2005 (Volume 70, Number 60)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Agency Information Collection Activities; Proposed Renewal of
Information Collection; Comment Request Concerning the Interagency Bank
Merger Act Application
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
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 a proposed
renewal of 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 reviewing
the general instructions for the information collection. The Agencies
are soliciting comments on how the instructions might be clarified.
There would be no new or changed information requirements associated
with the editorial changes to the instructions.
DATES: You should submit written comments by May 31, 2005.
ADDRESSES: Interested parties are invited to submit comments to any or
all of the Agencies. All comments, which should refer to the OMB
control number, will be shared among the Agencies:
OCC: Comments should be sent to Communications Division, Office of
the Comptroller of the Currency, Public Information Room, Mailstop 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 email@example.com.
You can inspect and
photocopy the comments at the OCC's Public Information Room, 250 E
Street, SW., Washington, DC 20219. You can make an appointment to
inspect the comments by calling (202) 874-5043.
Federal eRulemaking Portal: http://www.regulations.gov
Follow the instructions for submitting comments.
E-mail:firstname.lastname@example.org Include docket
number in the subject line of the message.
FAX: 202/452-3819 or 202/452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's web site at
submitted, except as necessary for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information. Public comments may also be viewed electronically or in
paper in Room MP-500 of the Board's Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m. on weekdays.
FDIC: Interested parties are invited to submit written comments to
Gary A. Kuiper, Counsel, (202) 942-3824, Legal Division, Federal
Deposit Insurance Corporation, 550 17th Street, NW PA1730-3000,
Washington, DC 20429. Comments may be hand-delivered to the guard
station at the rear of the 550 17th Street Building (located on F
Street), on business days between 7 a.m. and 5 p.m. [FAX number (202)
898-3838; Internet address: comments@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: You may submit comments to Information Collection Comments,
Chief Counsel's Office, Office of Thrift Supervision, ATTN: 1550-0016,
1700 G Street, NW., Washington, DC 20552; send a facsimile transmission
to (202) 906-6518; or send an e-mail to email@example.com.
OTS will post comments and the
related index on the OTS Internet Site at
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
firstname.lastname@example.org, or send a
facsimile transmission to (202) 906-7755.
A copy of the comments may also be submitted to the OMB desk
officer for the agencies: Mark Menchik, Office of Information and
Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 3208, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: You may request additional information
OCC: Mary Gottlieb, OCC Clearance Officer, (202) 874-4824, 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 Division, Office
of the Comptroller of the Currency, 250 E Street, SW., Washington, DC
Board: Michelle Long, 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, DC
20551. Telecommunications Device for the Deaf (TDD) users may contact
Capria Mitchell (202) 872-4984, Board of Governors of the Federal
Reserve System, 20th and C Streets, NW., Washington, DC 20551.
FDIC: Gary A. Kuiper, Counsel, (202) 942-3824, Legal Division,
Federal Deposit Insurance Corporation, 550 17th Street, NW PA1730-3000,
Washington, DC 20429.
OTS: Marilyn K. Burton, OTS Clearance Officer, (202) 906-6467;
Frances C. Augello, Senior Counsel, Business Transactions Division,
(202) 906-6151; or Patricia D. Goings, Regulatory Analyst, Examination
Policy, (202) 906-5668, Office of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION: Proposal to extend for three years, with
clarifications, the following currently approved collection of
FRB, FDIC, and OTS Report Title: Interagency Bank Merger Act
OCC Title: Comptroller's Licensing Manual (Manual). The specific
portions of the Manual covered by this notice are those that pertain to
clarifying changes to the instructions.
OCC: Nonaffiliate--2,700; Affiliate--1,908. Total: 4,608 burden hours.
Board: Nonaffiliate--1,860; Affiliate--324. Total: 2,184 burden hours.
FDIC: Nonaffiliate--5,700; Affiliate--3,096. Total: 8,796 burden hours.
OTS: Nonaffiliate--480; Affiliate--0. Total: 480 burden hours.
General Description of Report: This information collection is
mandatory. 12 U.S.C. 1828(c) (OCC, FDIC, and OTS), and 12 U.S.C. 321,
1828(c), and 4804 (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 renewal of the Agencies' merger
application form, which may include clarified instructions for both
affiliated and nonaffiliated institutions. The Agencies need the
information to ensure that the proposed transactions are permissible
under law and regulation and are consistent with safe and sound banking
practices. The Agencies are required, under the Bank Merger Act, to
consider financial and managerial resources, future prospects,
convenience and needs of the community, community reinvestment, and
Some agencies collect limited supplemental information in certain
cases. For example, the OCC and OTS collect information regarding CRA
commitments; the Federal Reserve collects information on debt servicing
from certain institutions; and the FDIC requires additional information
on the competitive impact of proposed mergers.
Current Actions: The Agencies are seeking to renew this collection
and propose to clarify the instructions. The General Information and
Instructions section of the merger application form would be modified
to clarify the first subsection (Preparation and Use), which explains
more clearly the range of merger transactions that may require use of
the application. The remaining clarifications include a new paragraph
in the Preparation and Use subsection noting that applications must be
submitted to the appropriate regulatory agency. Also, a new Compliance
subsection would inform applicants of compliance expectations and of
the potential that some very large transactions may be subject to the
Hart-Scott-Rodino Antitrust Improvement Act. These additional
paragraphs, which would provide further practical advice that is
generally included in the other recently approved interagency forms,
are intended to highlight certain elements of the applications process
to prevent confusion or delay, and add no additional burden.
The Federal Reserve proposes to extend for three years, with minor
revisions, its current supplemental form. The two proposed revisions
are intended to facilitate the applications review process and provide
further practical guidance to the applicant. The first proposed
revision recognizes the possible need of biographical or financial
information from any individual that, as a consequence of the proposed
transaction, becomes a new principal, shareholder, director, or senior
executive officer of a state member bank. While all of the Agencies
agree that a significant change in management or ownership must be
evaluated under the statutory factors of the Bank Merger Act, they have
elected to deal with this information need on a case-by-case basis. The
second proposed revision would eliminate the need for any formal
certification from a target institution. This certification is unique
to the bank merger application, and is not specifically required by the
Bank Merger Act. As the FRB generally waives this requirement if
objected to by the target institution and as the applicant is the party
to which bank merger authority is granted, the FRB believes that only
the applicant need provide the requested certification. The other
agencies believe that the target institution should certify to the
accuracy of the information and that the institutions will notify the
agency if any material changes occur prior to a decision. Also, the
target institution certifies that any communications with the agency do
not constitute a contract.
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 instructions for 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, and how the instructions can be
clarified so that information gathered has more practical utility;
b. The accuracy of the Agencies' estimates of the burden of the
information collection, including the validity of the methodology and
c. Ways to enhance the quality, utility, and clarity of the
information to be collected;
d. Ways to minimize the burden of the 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: March 17, 2005.
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, March 17, 2005.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 18th day of March, 2005.
Robert E. Feldman,
Dated: March 23, 2005.
By the Office of Thrift Supervision.
James E. Gilleran,
[FR Doc. 05-6227 Filed 3-29-05; 8:45 am]