[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24101-24103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09457]
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FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: The Board of Governors of the Federal Reserve System (Board or
Federal Reserve) invites comment on a proposal to extend for three
years, with revision the Annual Report of Holding Companies (FR Y-6),
the Annual Report of Foreign Banking Organizations (FR Y-7), and the
Report of Changes in Organizational Structure (FR Y-10). The Federal
Reserve proposes to revise the FR Y-6, FR Y-7, and FR Y-10 by modifying
confidential treatment questions on the reporting forms and
instructions to align with the recently approved confidentiality check-
box proposal.\1\ Additionally, the Federal Reserve proposes to revise
the FR Y-7 and FR Y-10 to incorporate U.S. IHCs formed under the final
rule for enhanced prudential standards for FBOs (Regulation YY).\2\ The
Federal Reserve also proposes to revise the FR Y-6 and FR Y-10 to make
certain clarifying changes to the instructions. The Federal Reserve is
also proposing to extend for three years, without revision, the FR Y-
10E. The proposed changes to the FR Y-10 reporting form and
instructions would be effective August 15, 2016. The proposed changes
to the FR Y-6 and FR Y-7 reporting forms and instructions would be
effective with fiscal year-ends beginning December 31, 2016.
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\1\ See 80 FR 52282 (August 28, 2015).
\2\ The draft FR Y-6 reporting form and instructions associated
with this proposal also include the language to collect information
for U.S. IHCs of FBOs as proposed in the IHC proposal currently out
for public comment. See 81 FR 6265 (February 5, 2016).
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On June 15, 1984, the Office of Management and Budget (OMB)
delegated to the Board authority under the Paperwork Reduction Act
(PRA) to approve of and assign OMB control numbers to collection of
information requests and requirements conducted or sponsored by the
Board. In exercising this delegated authority, the Board is directed to
take every reasonable step to solicit comment. In determining whether
to approve a collection of information, the Board will consider all
comments received from the public and other agencies.
DATES: Comments must be submitted on or before June 24, 2016.
ADDRESSES: You may submit comments, identified by FR Y-6, FR Y-7, FR Y-
10, or FR Y-10E, by any of the following methods:
Agency Web site: http://www.federalreserve.gov. Follow the
instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include OMB
number in the subject line of the message.
FAX: (202) 452-3819 or (202) 452-3102.
Mail: Robert deV. Frierson, 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/apps/foia/proposedregs.aspx as submitted,
unless modified 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 form in Room
3515, 1801 K Street (between 18th and 19th Streets NW.) Washington, DC
20006 between 9:00 a.m. and 5:00 p.m. on weekdays.
Additionally, commenters may send a copy of their comments to the
OMB Desk Officer--Shagufta Ahmed--Office of Information and Regulatory
Affairs, Office of Management and Budget, New Executive Office
Building, Room 10235 725 17th Street NW., Washington, DC 20503 or by
fax to (202) 395-6974.
FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission,
including the proposed reporting form and instructions, supporting
statement, and other documentation will be placed into OMB's public
docket files, once approved. These documents will also be made
available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested
from the agency clearance officer, whose name appears below.
Federal Reserve Board Clearance Officer--Nuha Elmaghrabi--Office of
the Chief Data Officer, Board of Governors of the Federal Reserve
System, Washington, DC 20551 (202) 452-3829. Telecommunications Device
for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors
of the Federal Reserve System, Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
Request for Comment on Information Collection Proposal
The Board invites public comment on the following information
collection,
[[Page 24102]]
which is being reviewed under authority delegated by the OMB under the
PRA. Comments are invited on the following:
a. Whether the proposed collection of information is necessary for
the proper performance of the Federal Reserve's functions; including
whether the information has practical utility;
b. The accuracy of the Federal Reserve's estimate of the burden of
the proposed 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.
Proposal To Approve Under OMB Delegated Authority the Extension for
Three Years, With Revision, of the Following Report
Report titles: Annual Report of Holding Companies; Annual Report of
Foreign Banking Organizations; Report of Changes in Organizational
Structure; Supplement to the Report of Changes in Organizational
Structure.
Agency form numbers: FR Y-6; FR Y-7; FR Y-10; FR Y-10E.
OMB control number: 7100-0297.
Frequency: FR Y-6: Annual; FR Y-7: Annual; FR Y-10: Event-
generated; FR Y-10E: Event-generated.
Reporters: Bank holding companies (BHCs) and savings and loan
holding companies (SLHCs) (collectively, holding companies (HCs)),
securities holding companies, foreign banking organizations (FBOs),
state member banks unaffiliated with a BHC, Edge Act and agreement
corporations, and nationally chartered banks that are not controlled by
a BHC (with regard to their foreign investments only).
Estimated annual reporting hours: FR Y-6: 26,477 hours; FR Y-7: 972
hours; FR Y-10 initial: 530 hours; FR Y-10 ongoing: 39,735 hours; FR Y-
10E: 2,649 hours.
Estimated average hours per response: FR Y-6: 5.5 hours; FR Y-7: 4
hours; FR Y-10 initial: 1 hour; FR Y-10 ongoing: 2.5 hours; FR Y-10E:
0.5 hour.
Number of respondents: FR Y-6: 4,814; FR Y-7: 243; FR Y-10 initial:
530; FR Y-10 ongoing: 5,298; FR Y-10E: 5,298.
General description of report: These information collections are
mandatory as follows:
FR Y-6: Section 5(c)(1)(A) of the Bank Holding Company Act (BHC
Act) (12 U.S.C. 1844(c)(1)(A)); sections 8(a) and 13(a) of the
International Banking Act (IBA) (12 U.S.C. 3106(a) and 3108(a));
sections 11(a)(1), 25, and 25A of the Federal Reserve Act (FRA) (12
U.S.C. 248(a)(1), 602, and 611a); and sections 113, 165, 312, 618, and
809 of the Dodd-Frank Act (12 U.S.C. 5361, 5365, 5412, 1850a(c)(1), and
5468(b)(1)), respectively.
FR Y-7: Sections 8(a) and 13(a) of the IBA (12 U.S.C. 3106(a) and
3108(a)); sections 113, 165, 312, 618, and 809 of the Dodd-Frank Act
(12 U.S.C. 5361, 5365, 5412, 1850a(c)(1), and 5468(b)(1)),
respectively.
FR Y-10 and FR Y-10E: Sections 4(k) and 5(c)(1)(A) of the BHC Act
(12 U.S.C. 1843(k), 1844(c)(1)(A)); section 8(a) of the IBA (12 U.S.C.
3106(a)); sections 11(a)(1), 25(7), and 25A of the FRA (12 U.S.C.
248(a)(1), 321, 601, 602, 611a, 615, and 625); sections 113, 165, 312,
618, and 809 of the Dodd-Frank Act (12 U.S.C. 5361, 5365, 5412,
1850a(c)(1), and 5468(b)(1)); and section 10(c)(2)(H) of the Home
Owners' Loan Act (12 U.S.C. 1467a(c)(2)(H)), respectively.
The data collected in the FR Y-6, FR Y-7, FR Y-10, and FR Y-10E are
not considered confidential. With regard to information that a banking
organization may deem confidential, the institution may request
confidential treatment of such information under one or more of the
exemptions in the Freedom of Information Act (FOIA) (5 U.S.C. 552). The
most likely case for confidential treatment will be based on FOIA
exemption 4, which permits an agency to exempt from disclosure ``trade
secrets and commercial or financial information obtained from a person
and privileged and confidential'' (5 U.S.C. 552(b)(4)). To the extent
an institution can establish the potential for substantial competitive
harm, such information would be protected from disclosure under the
standards set forth in National Parks & Conservation Association v.
Morton, 498 F.2d 765 (D.C. Cir. 1974). Exemption 6 of FOIA might also
apply with regard to the respondents' submission of non-public personal
information of owners, shareholders, directors, officers and employees
of respondents. Exemption 6 covers ``personnel and medical files and
similar files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy'' (5 U.S.C. 552(b)(6)). All
requests for confidential treatment would need to be reviewed on a
case-by-case basis and in response to a specific request for
disclosure.
The Federal Reserve proposes that the disclosure of the responses
to the certification questions may interfere with home-country
regulators' administration, execution, and disclosure of their stress-
test regime and its results, and may cause substantial competitive harm
to the FBO providing the information, and thus this information may be
protected from disclosure under FOIA exemption 4.
Abstract: The FR Y-6 is an annual information collection submitted
by top-tier HCs and non-qualifying FBOs. It collects financial data, an
organization chart, verification of domestic branch data, and
information about shareholders. The Federal Reserve uses the data to
monitor HC operations and determine HC compliance with the provisions
of the BHC Act, Regulation Y (12 CFR 225), the Home Owners' Loan Act
(HOLA) and Regulation LL (12 CFR 238).
The FR Y-7 is an annual information collection submitted by
qualifying FBOs to update their financial and organizational
information with the Federal Reserve. The FR Y-7 collects financial,
organizational, shareholder, and managerial information. The Federal
Reserve uses the information to assess an FBO's ability to be a
continuing source of strength to its U.S. operations and to determine
compliance with U.S. laws and regulations.
The FR Y-10 is an event-generated information collection submitted
by FBOs; top-tier HCs; securities holding companies as authorized under
Section 618 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank Act) (12 U.S.C. 1850a(c)(1));
state member banks unaffiliated with a bank holding company (BHC); Edge
and agreement corporations that are not controlled by a member bank, a
domestic BHC, or an FBO; and nationally chartered banks that are not
controlled by a BHC (with regard to their foreign investments only), to
capture changes in their regulated investments and activities. The
Federal Reserve uses the data to monitor structure information on
subsidiaries and regulated investments of these entities engaged in
banking and nonbanking activities. The FR Y-10E is a free-form
supplement that may be used to collect additional structural
information deemed to be critical and needed in an expedited manner.
Current Actions:
Detailed description of proposed changes.
[[Page 24103]]
Proposed Revisions to the FR Y-6, FR Y-7, and FR Y-10
Confidentiality. The Federal Reserve proposes to revise these
reports by modifying the confidentiality questions on the forms and
amending the instructions to align with the recently approved
confidentiality check-box proposal. The change would allow institutions
to indicate, using a check-box on the first page of the report, whether
they are requesting confidential treatment for any portion of the data
provided, and whether they are submitting a formal justification with
the data or separately.
Proposed Revisions to the FR Y-7 and FR Y-10
IHC Reporting. The Board's Regulation YY,\3\ in part, requires FBOs
to designate IHCs, if certain requirements are met. The Federal Reserve
proposes the following revisions to collect information specific to
IHCs and their identification. Additionally, the information would
assist in the supervision of the U.S. operations of FBOs.
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\3\ 12 CFR part 252.
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FR Y-7 instructions. The Federal Reserve proposes to expand the
organization chart instructions to include the requirement that an FBO
report its interest in an IHC.
FR Y-10 form and instructions. The Federal Reserve proposes to
expand the General Instructions to include changes to the
organizational structure of an IHC as requiring the submission of the
FR Y-10.
On the Banking and Nonbanking Schedules, the Federal Reserve
proposes to add to the company type ``IHCs.'' Banking Schedule item 5,
``Fiscal Year End,'' would be revised to be applicable to IHCs.
Additionally, on the Nonbanking Schedule, a new item ``Fiscal Year
End'' would be added to allow for reporting IHCs that do not control a
U.S. insured depository institution. The new item would be item 5 and
current items 4 and 5 would be renumbered to 4.a and 4.b, respectively.
On the Banking and Nonbanking Schedules, the Federal Reserve
proposes to add examples for ``Date of Event'' in the instructions to
provide guidance to IHC reporting.
Proposed Revisions to the FR Y-6 Only
Instruction updates. The Federal Reserve proposes to clarify the
difference in reporting requirements related to additional reportable
entities for BHCs, IHCs, and SLHCs on the FR Y-6 (i.e., >=5% to <25%
for BHCs and IHCs versus >=5% to <=25% for SLHCs). The slight
difference in reporting criteria often results in a request for a
revised schedule. Adding this clarification would reduce reporter
burden.
The Federal Reserve proposes to add a formula to calculate
ownership percentage control for Report Item 3. The formula is used by
the Federal Reserve when calculating control. Inclusion of the formula
would help to standardize information received.
Reporting form and instructions updates. The Federal Reserve
proposes to clarify the signature requirements for Employee Stock
Ownership Plans (ESOPs) and Limited Liability Companies (LLCs).
Reporters are confused who the authorized signer should be when the HC
is organized as an ESOP or LLC due to the different corporate
structures.
Proposed Revisions to the FR Y-10 Only
Instructions. The Federal Reserve proposes to remove the reference
to the phase-in reporting of SLHCs from the General Instructions, which
is no longer relevant because the phase-in is complete.
Also in the General Instructions, the Federal Reserve proposes to
remove the paragraph under ``What is the Legal Authority for the FR Y-
10?'' This change will align the reporting instructions with other
forms and instructions, which provide the legal authority on the form.
In the Banking, Savings and Loan, and Nonbanking Schedules
instructions, the Federal Reserve proposes to clarify conditions under
which sole partnership and sole member LLCs are reportable.
Institutions often report incorrectly. The clarification would result
in fewer revisions, thereby reducing overall burden.
The Federal Reserve proposes to rephrase the description of section
10(c)(6)(B) in Legal Authority Code (LAC) 412 and create a new LAC for
section 10(c)(9)(C) to clearly identity which exemption SLHCs are
claiming as a grandfathered unitary SLHC.
The Federal Reserve also proposes to add definitions to the FR Y-10
Glossary for the following terms: Grandfathered Unitary Savings and
Loan Holding Company, Insured Depository Institution, and U.S.
Intermediate Holding Company.
In the Nonbanking Schedule instructions, the Federal Reserve
proposes to add a note to clarify that a nonbank subsidiary under a
savings association does not meet the definition of a financial
subsidiary.
The Federal Reserve proposes to update the Merger Schedule
instructions to indicate that the popular name of the branch (for
example, when the branch was formerly the head office of the
nonsurvivor) must be reported on the Domestic Branch Schedule.
Respondents often forget to report this information.
Board of Governors of the Federal Reserve System, April 19,
2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016-09457 Filed 4-22-16; 8:45 am]
BILLING CODE 6210-01-P