[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Notices]
[Pages 55868-55870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20881]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision


Agency Information Collection Activities; Submission for OMB 
Review; 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: Notice of information collection to be submitted to OMB for 
review and approval under the Paperwork Reduction Act of 1995.

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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 continuing information collections, as required by the 
Paperwork Reduction Act of 1995. 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. The Agencies also 
give notice that they have sent the information collections to OMB for 
review and approval. 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.

DATES: You should submit written comments by October 18, 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 [email protected]. 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 [email protected], 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 Thomas Nixon, 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 
[email protected]. 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

[[Page 55869]]

[email protected]. 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 protected], 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 [email protected].

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: Cindy Ayouch, 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 call 
(202) 263-4869.
    FDIC: Thomas Nixon, (202) 898-8766, 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. The OCC also will submit to OMB for 
renewal the Manual in its entirety.
    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 currently approved collections.
    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 Agencies use the 
biographical information 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 Agencies use the financial 
information to evaluate the financial ability of those persons. 
Finally, the Agencies also use this form 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 transaction is permissible under law and 
regulation and is consistent with safe and sound banking practices. For 
example, the Agencies must consider the financial and managerial 
resources and future earnings prospects of an institution and its 
acquirers, directors, and executive management. Accordingly, the 
Agencies

[[Page 55870]]

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; 
Conversion, and Capital sample applications; and various portions to 
which the OCC is making technical clarifying changes. The OCC sends a 
Satisfaction Survey to applicants after processing a filing and asks 
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 documents 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. 
Additionally, the OCC is submitting to OMB for renewal the 
Comptroller's Licensing Manual in its entirety.
    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 applies 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: On June 9, 2004, the Agencies published in the 
Federal Register (67 FR 32414) a notice on the proposed revisions to 
these information collections. The comment period expired on August 9, 
2004. The Agencies received no public comments, and each Agency is now 
submitting its request to OMB for approval of the extension, with 
revision, of these information collections, as proposed.
    The Agencies modified certain sections of the Interagency 
Biographical and Financial Report (report), especially section 5, to 
improve their ability 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 where they should provide 
further explanatory information 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 
section 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 applies to 
them.
    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 it 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 filing 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 can 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: 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: September 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, August 27, 
2004.
Jennifer J. Johnson,
Secretary of the Board.
    Dated in Washington, DC, this 2nd day of September, 2004.
Robert E. Feldman,
Executive Secretary.
    Dated: August 30, 2004.

    By the Office of Thrift Supervision.
James E. Gilleran,
Director.
[FR Doc. 04-20881 Filed 9-15-04; 8:45 am]
BILLING CODE 4810-33; 6210-01; 6714-01; 6720-01-P