[Federal Register Volume 71, Number 102 (Friday, May 26, 2006)]
[Notices]
[Pages 30405-30408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8182]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Proposed Collection 
Renewals; Comment Request

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice and request for comment.

-----------------------------------------------------------------------

SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other federal 
agencies to take this opportunity to comment on continuing information 
collections, as required by the Paperwork Reduction Act of 1995 (44 
U.S.C. chapter 35). Currently, the FDIC is soliciting comments 
concerning the following continuing collections of information titled:
    1. Application Pursuant to Section 19 of the Federal Deposit 
Insurance Act (3064-0018);
    2. Home Mortgage Disclosure Act (HMDA) (3064-0046);
    3. Public Disclosure by Banks (3064-0090);
    4. Notice Required of Government Securities Dealers or Brokers 
(Insured State Nonmember Banks) (3064-0093);
    5. Procedures for Monitoring Bank Protection Act Compliance (3064-
0095);
    6. Activities and Investments of Insured State Banks (3064-0111);

[[Page 30406]]

    7. Foreign Banks (3064-0114);
    8. Certification of Eligibility Under the Affordable Housing 
Program (3064-0116);
    9. Notice Regarding Unauthorized Access to Customer Information 
(3064-0145);
    10. Mutual-to-Stock Conversions of State Savings Banks (3064-0117);
    11. Privacy of Consumer Financial Information (3064-0136); and
    12. Applicant Background Questionnaire (3064-0138).

DATES: Comments must be submitted on or before July 25, 2006.

ADDRESSES: Interested parties are invited to submit written comments by 
any of the following methods. All comments should refer to the name and 
number of the collection:
     http://www.FDIC.gov/regulations/laws/federalnotices/propose.html.
     E-mail: [email protected]. Include the name and number of 
the collection in the subject line of the message.
     Mail: Gary A. Kuiper (202.898.3877), Counsel, Federal 
Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 
20429.
     Hand Delivery: 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.
    A copy of the comments may also be submitted to the OMB Desk 
Officer for the FDIC, Office of Information and Regulatory Affairs, 
Office of Management and Budget, New Executive Office Building, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Gary A. Kuiper, at the address 
identified above, for collections numbered 1-9; Steve Hanft, at the 
address identified above, for collections numbered 10-12.

SUPPLEMENTARY INFORMATION:
    Proposal to renew the following currently approved collections of 
information:
    1. Title: Application Pursuant to Section 19 of the Federal Deposit 
Insurance Act.
    OMB Number: 3064-0018.
    Form Number: FDIC 6710/07.
    Frequency of Response: On occasion.
    Affected Public: Insured depository institutions.
    Estimated Number of Respondents: 14.
    Estimated Time per Response: 16 hours.
    Total Annual Burden: 224 hours.
    General Description of Collection: Section 19 of the Federal 
Deposit Insurance Act (12 U.S.C. Section 1829) requires the FDIC's 
consent prior to any participation in the affairs of an insured 
depository institution by a person who has been convicted of crimes 
involving dishonesty or breach of trust. To obtain that consent, an 
insured depository institution must submit an application to the FDIC 
for approval on Form FDIC 6710/07.

    2. Title: Home Mortgage Disclosure Act (HMDA).
    OMB Number: 3064-0046.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Responses: 1,890,384.
    Estimated Time per Response: 5 minutes.
    Total Annual Burden: 157,532 hours.
    General Description of Collection: To permit the FDIC to detect 
discrimination in residential mortgage lending, certain insured state 
nonmember banks are required by FDIC regulation 12 CFR part 338 to 
maintain various data on home loan applicants.

    3. Title: Public Disclosure by Banks.
    OMB Number: 3064-0090.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 5,500.
    Estimated Time per Response: 0.5 hours.
    Total Annual Burden: 2,750 hours.
    General Description of Collection: 12 CFR part 350 requires a bank 
to notify the general public, and in some instances shareholders, that 
financial disclosure statements are available on request. Required 
disclosures consist of financial reports for the current and preceding 
year, which can be photocopied directly from the year-end call reports. 
Also, on a case-by-case basis, the FDIC may require that descriptions 
of enforcement actions be included in disclosure statements. The 
regulation allows, but does not require, the inclusion of management 
discussions and analysis.

    4. Title: Notices Required of Government Securities Dealers or 
Brokers (Insured State Nonmember Banks).
    OMB Number: 3064-0093.
    Form Number: G-FIN; G-FINW; G-FIN4; & G-FIN5.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks acting as government 
securities brokers and dealers.
    Estimated Number of Respondents: 180.
    Estimated Time per Response: 1 hour.
    Total Annual Burden: 180 hours.
    General Description of Collection: The Government Securities Act of 
1986 requires all financial institutions acting as government 
securities brokers and dealers to notify their federal regulatory 
agencies of their broker-dealer activities, unless exempted from the 
notice requirement by Treasury Department regulation.

    5. Title: Procedures for Monitoring Bank Protection Act Compliance.
    OMB Number: 3064-0095.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 5,250.
    Estimated Time per Response: 0.5 hours.
    Total Annual Burden: 2,625 hours.
    General Description of Collection: The Bank Protection Act of 1968 
(12 U.S.C. 1881-1884) requires each Federal supervisory agency to 
promulgate rules establishing minimum standards for security devices 
and procedures to discourage financial crime and to assist in the 
identification of persons who commit such crimes. To avoid the 
necessity of constantly updating a technology-based regulation, the 
FDIC takes a flexible approach to implementing this statute. It 
requires each insured nonmember bank to designate a security officer 
who will administer a written security program. The security program 
shall: (1) Establish procedures for opening and closing for business 
and for safekeeping valuables; (2) establish procedures that will 
assist in identifying persons committing crimes against the bank; (3) 
provide for initial and periodic training of employees in their 
responsibilities under the security program; and (4) provide for 
selecting, testing, operating and maintaining security devices as 
prescribed in the regulation. In addition, the FDIC requires the 
security officer to report at least annually to the bank's board of 
directors on the effectiveness of the security program

    6. Title: Activities and Investments of Insured State Banks.
    OMB Number: 3064-0111.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 20.
    Estimated Time per Response: 8 hours.
    Total Annual Burden: 160 hours.
    General Description of Collection: With certain exceptions, section 
24 of

[[Page 30407]]

the FDI Act (12 U.S.C. 1831a) limits the direct equity investments of 
state chartered banks to equity investments that are permissible for 
national banks. In addition, the statute prohibits an insured state 
bank from directly engaging as principal in any activity that is not 
permissible for a national bank or indirectly through a subsidiary in 
an activity that is not permissible for a subsidiary of a national bank 
unless the bank meets it minimum capital requirements and the FDIC 
determines that the activity does not pose a significant risk to the 
deposit insurance fund. The FDIC can make such a determination for 
exception by regulation or by an order. 12 CFR part 362 is the FDIC's 
implementing regulation for Section 24. It details the activities that 
insured state banks or their subsidiaries may engage in, under certain 
criteria and conditions, and identifies the information that banks must 
furnish to the FDIC in order to obtain the FDIC's approval or 
nonobjection.

    7. Title: Foreign Banks.
    OMB Number: 3064-0114.
    Form Number: None.
    Frequency of Response: On occasion.
    Number of Responses per Respondent: Varies with circumstances.
    Affected Public: Certain U.S. branches of foreign banks.
    Estimated Number of Respondents: 12.
    Estimated Time per Response: Ranges from \1/4\ hour to 10 hours.
    Total Annual Burden: 1,572 hours.
    General Description of Collection: The collection of information 
consists of (a) applications to operate as a noninsured state-licensed 
branch of a foreign bank; (b) applications from an insured state 
licensed branch of a foreign bank to conduct activities which are not 
permissible for a federally-licensed branch; (c) internal recordkeeping 
by insured branches of foreign banks; and (d) reporting requirements 
relating to an insured branch(s pledge of assets to the FDIC.

    8. Title: Certification of Eligibility Under the Affordable Housing 
Program.
    OMB Number: 3064-0116.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Individuals wishing to purchase affordable housing 
properties from the FDIC.
    Estimated Number of Respondents: 12.
    Estimated Time per Response: 1 hour.
    Total Annual Burden: 12 hours.
    General Description of Collection: This collection of information 
certifies income eligibility under the affordable housing program. The 
certification assists the FDIC in determining an individual(s 
eligibility for purchasing affordable housing properties from the FDIC.

    9. Title: Notice Regarding Unauthorized Access to Customer 
Information.
    OMB Number: 3064-0145.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Number of Respondents: 5,500.
    Estimated Time per Response:
    Developing notices: 20 hrs. x 5,500 = 110,000 hours.
    Notifying customers: 24 hrs. x 110 = 2,640 hours.
    Total Estimated Annual Burden: 112,640 hours.
    General Description of Collection: This collection reflects the 
FDIC's expectations regarding a response program that financial 
institutions should develop to address unauthorized access to or use of 
customer information that could result in substantial harm or 
inconvenience to a customer. The information collections require 
financial institutions to: (1) Develop notices to customers; and (2) in 
certain circumstances, determine which customers should receive the 
notices and send the notices to customers.

    10. Title: Mutual-to-Stock Conversions of State Savings Banks.
    OMB Number: 3064-0117.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state chartered savings banks that are not 
members of the Federal Reserve System proposing to convert from mutual 
to stock form of ownership.
    Estimated Number of Respondents: 10.
    Estimated Time per Response: 50 hours.
    Total Annual Burden: 500 hours.
    General Description of Collection: 12 CFR 303.161 and 333.4 require 
state savings banks that are not members of the Federal Reserve System 
to file with the FDIC a notice of intent to convert to stock form and 
provide copies of documents filed with State and Federal banking and or 
securities regulators in connection with the proposed conversion.

    11. Title: Privacy of Consumer Financial Information.
    OMB Number: 3064-0136.
    Form Number: None.
    Frequency of Response: On occasion.
    Affected Public: Insured state nonmember banks.
    Estimated annual number of institution respondents: Initial notice, 
208; annual notice and change in terms, 5,138; opt-out notice, 873.
    Estimated average time per response per institution: Initial 
notice, 80 hours; annual notice and change in terms, 8 hours; opt-out 
notice, 8 hours.
    Subtotal, annual burden hours for institutions: 64,728 hours.
    General Description of Collection: The elements of this information 
collection are required under section 504 of the Gramm-Leach-Bliley 
Act, Public Law 106-102. The collection mandates notice requirements 
and restrictions on a financial institution's ability to disclose 
nonpublic personal information about consumers to nonaffiliated third 
parties.

    12. Title: Applicant Background Questionnaire.
    OMB Number: 3064-0138.
    Form Number: FDIC 2100/14.
    Frequency of Response: On occasion.
    Affected Public: FDIC job applicants who are not current FDIC 
employees.
    Estimated Number of Respondents: 10,000.
    Estimated Time per Response: 3 minutes.
    Total Annual Burden: 500 hours.
    General Description of Collection: The FDIC Applicant Background 
Questionnaire is completed voluntarily by FDIC job applicants who are 
not current FDIC employees. Responses to questions on the survey 
provide information on gender, age, disability, race/national origin, 
and to the applicant's source of vacancy announcement information. Data 
is used by the Office of Diversity and Economic Opportunity and the 
Personnel Services Branch to evaluate the effectiveness of various 
recruitment methods used by the FDIC to ensure that the agency meets 
workforce diversity objectives.

Request for Comment

    Comments are invited on: (a) Whether these collections of 
information are necessary for the proper performance of the FDIC's 
functions, including whether the information has practical utility; (b) 
the accuracy of the estimates of the burden of the information 
collections, including the validity of the methodology and assumptions 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
information collections on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the 
collections

[[Page 30408]]

should be modified prior to submission to OMB for review and approval. 
Comments submitted in response to this notice also will be summarized 
or included in the FDIC's requests to OMB for renewal of these 
collections. All comments will become a matter of public record.

    Dated at Washington, DC, this 23rd day of May, 2006.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E6-8182 Filed 5-25-06; 8:45 am]
BILLING CODE 6714-01-P