[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16331-16332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6227]



[[Page 16331]]

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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; 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 
(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 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 protected]. 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.
    Board: You may submit comments, identified by FR 2070; OMB No. 
7100-0171, by any of the following methods:
     Agency Web Site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments on the http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. 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 
http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as 
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: [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: 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 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 
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 
from:
    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 
20219.
    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 
information:
    FRB, FDIC, and OTS Report Title: Interagency Bank Merger Act 
Application.
    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.

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    OMB Numbers:

OCC: 1557-0014.
Board: 7100-0171.
FDIC: 3064-0015.
OTS: 1550-0016.

    Form Numbers:

OCC: None.
Board: FR 2070.
FDIC: 6220/01 and 6220/07.
OTS: 1639.

    Affected Public: Individuals or households; businesses or other 
for-profit.
    Type of Review: Review of a currently approved collection.
    Estimated Number of Respondents:

OCC: Nonaffiliate--90; Affiliate--106.
Board: Nonaffiliate--62; Affiliate--18.
FDIC: Nonaffiliate--190; Affiliate--172.
OTS: Nonaffiliate--16; Affiliate--0.

    Frequency of Response: On occasion.
    Estimated Annual Burden Hours per Response:

OCC: Nonaffiliate--30; Affiliate--18.
Board: Nonaffiliate--30; Affiliate--18.
FDIC: Nonaffiliate--30; Affiliate--18.
OTS: Nonaffiliate--30; Affiliate--18.

    Estimated Total Annual Burden Hours:

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 
competition.
    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 
assumptions used;
    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.
Stuart Feldstein,
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,
Executive Secretary.
    Dated: March 23, 2005.

    By the Office of Thrift Supervision.
James E. Gilleran,
Director.
[FR Doc. 05-6227 Filed 3-29-05; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P