[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42353-42356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15294]


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

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Proposed Collection 
Renewals; Comment Request (3064-0030, -0104 & -0122)

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 the renewal of existing 
information collections, as required by the Paperwork Reduction Act of 
1995. Currently, the FDIC is soliciting comment on the renewal of the 
information collections described below.

DATES: Comments must be submitted on or before August 29, 2016.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     http://www.FDIC.gov/regulations/laws/federal/.
     Email: [email protected]. Include the name and number of 
the collection in the subject line of the message.
     Mail: Manny Cabeza (202.898.3767), Counsel MB-3105, 
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 17th Street Building (located on F Street), 
on business days between 7:00 a.m. and 5:00 p.m.
    All comments should refer to the relevant OMB control number. 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: Manny Cabeza, at the FDIC address 
above.

SUPPLEMENTARY INFORMATION: Proposal to renew the following currently-
approved collections of information:
    1. Title: Securities of Insured Nonmember Banks and State Savings 
Associations.
    OMB Number: 3064-0030.
    Affected Public: Generally, any issuer of securities, reporting 
company, or shareholder of an issuer registered under the Securities 
Exchange Act of 1934 with respect to securities registered under 12 CFR 
part 335.
    Annual Number of Respondents: 396 separate respondents, some filing 
multiple forms, resulting in 535 estimated total annual responses.
    Burden Estimate:

[[Page 42354]]



----------------------------------------------------------------------------------------------------------------
                                   Estimated                                         Number of
                                   number of       Hours per      Frequency of    responses  per     Estimated
                                   responses       response         response           year           burden
----------------------------------------------------------------------------------------------------------------
Form 3--Initial Statement of                58               1  On Occasion.....               1              58
 Beneficial Ownership.
Form 4--Statement of Changes               297             0.5  On Occasion.....               4             594
 in Beneficial Ownership.
Form 5--Annual Statement of                 69               1  Annual..........               1              69
 Beneficial Ownership.
Form 8-A......................               2               3  On Occasion.....               2              12
Form 8-C......................               2               2  On Occasion.....               1               4
Form 8-K......................              21               2  On Occasion.....               4             168
Form 10.......................               2             215  On Occasion.....               1             430
Form 10-C.....................               1               1  On Occasion.....               1               1
Form10-K......................              21             140  Annual..........               1           2,940
Form 10-Q.....................              21             100  Quarterly.......               3           6,300
Form 12b-25...................               6               3  On Occasion.....               1              18
Form 15.......................               2               1  On Occasion.....               1               2
Form 25.......................               2               1  On Occasion.....               1               2
Schedule 13D..................               2               3  On Occasion.....               1               6
Schedule 13E-3................               2               3  On Occasion.....               1               6
Schedule 13G..................               2               3  On Occasion.....               1               6
Schedule 14A..................              21              40  Annual..........               1             840
Schedule 14C..................               2              40  On Occasion.....               1              80
Schedule 14D-1 (Schedule TO)..               2               5  On Occasion.....               1              10
                               ---------------------------------------------------------------------------------
    Totals....................             535  ..............  ................  ..............          11,546
----------------------------------------------------------------------------------------------------------------

    General Description: Section 12(i) of the Securities Exchange Act 
of 1934, as amended, (the ``Exchange Act'') grants authority to the 
Federal banking agencies to administer and enforce Sections 10A(m), 12, 
13, 14(a), 14(c), 14(d), 14(f), and 16 of the Exchange Act and Sections 
302, 303, 304, 306, 401(b), 404, 406, and 407 of the Sarbanes-Oxley Act 
of 2002. Pursuant to Section 12(i), the FDIC has the authority, 
including rulemaking authority, to administer and enforce these 
enumerated provisions as may be necessary with respect to state 
nonmember banks and state savings associations over which it has been 
designated the appropriate Federal banking agency. Section 12(i) 
generally requires the FDIC to issue regulations substantially similar 
to those issued by the Securities and Exchange Commission (``SEC'') to 
carry out these responsibilities. Thus, Part 335 of the FDIC 
regulations incorporates by cross-reference the SEC rules and 
regulations regarding the disclosure and filing requirements of 
registered securities of state nonmember banks and state savings 
associations.
    This information collection includes the following:
    Beneficial Ownership Forms: FDIC Forms 3, 4, and 5 (FDIC Form 
Numbers 6800/03, 6800/04, and 6800/05.) Pursuant to Section 16 of the 
Exchange Act, every director, officer, and owner of more than ten 
percent of a class of equity securities registered with the FDIC under 
Section 12 of the Exchange Act must file with the FDIC a statement of 
ownership regarding such securities. The initial filing is on Form 3 
and changes are reported on Form 4. The Annual Statement of beneficial 
ownership of securities is on Form 5. The forms contain information on 
the reporting person's relationship to the company and on purchases and 
sales of such equity securities. 12 CFR Sections 335.601 through 
336.613 of the FDIC's regulations, which cross-reference 17 CFR 240.16a 
of the SEC's regulations, provide the FDIC form requirements for FDIC 
Forms 3, 4, and 5 in lieu of SEC Forms 3, 4, and 5, which are described 
at 17 CFR 249.103 (Form 3), 249.104 (Form 4), and 249.105 (Form 5).
    Forms 8-A and 8-C for Registration of Certain Classes of 
Securities. Form 8-A is used for registration of any class of 
securities of any issuer which is required to file reports pursuant to 
Section 13 or 15(d) of the Exchange Act, pursuant to Section 12(b) or 
(g) of the Exchange Act, or pursuant to an order exempting the exchange 
on which the issuer has securities listed from registration as a 
national securities exchange. Form 8-C has been replaced by Form 8-A. 
Form 8-A is described at 17 CFR 249.208a.
    Form 8-K: Current Report. This is the current report that is used 
to report the occurrence of any material events or corporate changes 
that are of importance to investors or security holders and have not 
been reported previously by the registrant. It provides more current 
information on certain specified events than would Forms 10-Q and 10-K. 
The form description is at 17 CFR 249.308.
    Forms 10 and 10-C: Forms for Registration of Securities. Form 10 is 
the general reporting form for registration of securities pursuant to 
section 12(b) or (g) of the Exchange Act, of classes of securities of 
issuers for which no other reporting form is prescribed. It requires 
certain business and financial information about the issuer. Form 10-C 
has been replaced by Form 10. Form 10 is described at 17 CFR 249.210.
    Form 10-K: Annual Report. This annual report is used by issuers 
registered under the Exchange Act to provide information described in 
Regulation S-K, 17 CFR 229. The form is described at 17 CFR 249.310.
    Form 10-Q: Quarterly Reports. The Form 10-Q is a report filed 
quarterly by most reporting companies. It includes unaudited financial 
statements and provides a continuing overview of major changes in the 
company's financial position during the year, as compared to the prior 
corresponding period. The report must be filed for each of the first 
three fiscal quarters of the company's fiscal year and is due within 40 
or 45 days of the close of the quarter, depending on the size of the 
reporting company. The description of Form 10-Q is at 17 CFR 249.308a.
    Form 12b-25: Notification of Late Filing. This notification extends 
the reporting deadlines for filing quarterly and annual reports for 
qualifying companies. The form is described at 17 CFR 249.322.
    Form 15: Certification and Notice of Termination of Registration. 
This form is filed by each issuer to certify that the

[[Page 42355]]

number of holders of record of a class of security registered under 
section 12(g) of the Exchange Act is reduced to a specified level in 
order to terminate the registration of the class of security. For a 
bank, the number of holders of record of a class of registered security 
must be reduced to less than 1,200 persons. For a savings association, 
the number of record holders of a class of registered security must be 
reduced to (1) less than 300 persons or (2) less than 500 persons and 
the total assets of the issuer have not exceeded $10 million on the 
last day of each of the issuer's most recent three fiscal years. In 
general, registration terminates 90 days after the filing of the 
certification. This form is described at 17 CFR 249.323.
    Schedule 13D: Certain Beneficial Ownership Changes. This Schedule 
discloses beneficial ownership of certain registered equity securities. 
Any person or group of persons who acquire a beneficial ownership of 
more than 5 percent of a class of registered equity securities of 
certain issuers must file a Schedule 13D reporting such acquisition 
together with certain other information within ten days after such 
acquisition. Moreover, any material changes in the facts set forth in 
the Schedule generally precipitates a duty to promptly file an 
amendment on Schedule 13D. The SEC's rules define the term beneficial 
owner to be any person who directly or indirectly shares voting power 
or investment power (the power to sell the security). This schedule is 
described at 17 CFR 240.13d-101.
    Schedule 13E-3: Going Private Transactions by Certain Issuers or 
Their Affiliates. This schedule must be filed if an issuer engages in a 
solicitation subject to Regulation 14A or a distribution subject to 
Regulation 14C, in connection with a going private merger with its 
affiliate. An affiliate and an issuer may be required to complete, 
file, and disseminate a Schedule 13E-3, which directs that each person 
filing the schedule state whether it reasonably believes that the Rule 
13e-3 transaction is fair or unfair to unaffiliated security holders. 
This schedule is described at 17 CFR 240.13e-100.
    Schedule 13G: Certain Acquisitions of Stock. Certain acquisitions 
of stock that are more than 5 percent of an issuer's stock must be 
reported to the public. Schedule 13G is a much abbreviated version of 
Schedule 13D that is only available for use by a limited category of 
persons (such as banks, broker/dealers, and insurance companies) and 
even then only when the securities were acquired in the ordinary course 
of business and not with the purpose or effect of changing or 
influencing the control of the issuer. This schedule is described at 17 
CFR 240.13d-102.
    Schedule 14A: Proxy Statements. State law governs the circumstances 
under which shareholders are entitled to vote. When a shareholder vote 
is required and any person solicits proxies with respect to securities 
registered under Section 12 of the Exchange Act, that person generally 
is required to furnish a proxy statement containing the information 
specified by Schedule 14A. The proxy statement is intended to provide 
shareholders with the proxy information necessary to enable them to 
vote in an informed manner on matters intended to be acted upon at 
shareholders' meetings, whether the traditional annual meeting or a 
special meeting. Typically, a shareholder is also provided with a proxy 
card to authorize designated persons to vote his or her securities on 
the shareholder's behalf in the event the holder does not vote in 
person at the meeting. Copies of preliminary and definitive (final) 
proxy statements and proxy cards are filed with the FDIC. The 
description of this schedule is at 17 CFR 240.14a-101.
    Schedule 14C: Information Required in Information Statements. An 
information statement prepared in accordance with the requirements of 
the SEC's Regulation 14C is required whenever matters are submitted for 
shareholder action at an annual or special meeting when there is no 
proxy solicitation under the SEC's Regulation 14A. This schedule is 
described at 17 CFR 240.14c-101.
    Schedule 14D-1: Tender Offer. This schedule is also known as 
Schedule TO. Any person, other than the issuer itself, making a tender 
offer for equity securities registered pursuant to Section 12 of the 
Exchange Act, is required to file this schedule if acceptance of the 
offer would cause that person to own over 5 percent of that class of 
the securities. This schedule must be filed and sent to various 
parties, such as the issuer and any competing bidders. In addition, the 
SEC's Regulation 14D sets forth certain requirements that must be 
complied with in connection with a tender offer. This schedule is 
described at 17 CFR 240.14d-100.
    2. Title: Activities and Investments of Savings Associations.
    OMB Number: 3064-0104.
    Affected Public: Insured financial institutions.
    Estimated Number of Respondents: 19.
    Frequency of Response: On occasion.
    Estimated Annual Burden Hours per Response: 12 hours.
    Total Estimated Annual Burden: 228 hours.
    General Description of Collection: Section 28 of the FDI Act (12 
U.S.C. 1831e) imposes restrictions on the powers of savings 
associations, which reduce the risk of loss to the deposit insurance 
funds and eliminate some differences between the powers of state 
associations and those of federal associations. Some of the 
restrictions apply to all insured savings associations and some to 
state chartered associations only. The statute exempts some federal 
savings banks and associations from the restrictions, and provides for 
the FDIC to grant exemptions to other associations under certain 
circumstances. In addition, Section 18(m) of the FDI Act (12 U.S.C. 
1828(m)) requires that notice be given to the FDIC prior to an insured 
savings association (state or federal) acquiring, establishing, or 
conducting new activities through a subsidiary.
    3. Title: Forms Relating to FDIC Outside Counsel Legal Support and 
Expert Services Programs.
    OMB Number: 3064-0122.
    Affected Public: Entities providing legal and expert services to 
the FDIC.
    Frequency of Response: On occasion.

                                Estimated Number of Respondents and Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Estimated       Estimated
                        FDIC Document No.                            number of       hours per       Hours of
                                                                    respondents      response         burden
----------------------------------------------------------------------------------------------------------------
5000/26.........................................................              85             0.5            42.5
5000/31.........................................................             376             0.5             188
5000/33.........................................................              63             0.5            31.5
5000/35.........................................................             722             0.5             361
5200/01.........................................................             500            0.75             375
5210/01.........................................................             100             0.5              50

[[Page 42356]]

 
5210/02.........................................................              55             0.5            27.5
5210/03.........................................................              50               1              50
5210/03A........................................................              50               1              50
5210/04.........................................................             200               1             200
5210/04A........................................................             200               1             200
5210/06.........................................................             100               1             100
5210/06(A)......................................................             100               1             100
5210/08.........................................................             240             0.5             120
5210/09.........................................................             100               1             100
5210/10.........................................................             100               1             100
5210/10(A)......................................................             100               1             100
5210/11.........................................................             100               1             100
5210/12.........................................................             100               1             100
5210/12A........................................................             100               1             100
5210/14.........................................................             100             0.5              50
5210/15.........................................................              25             0.5            12.5
                                                                 -----------------------------------------------
    Total.......................................................           3,556  ..............           2,558
----------------------------------------------------------------------------------------------------------------

    General Description: The information collected enables the FDIC to 
ensure that all individuals, businesses and firms seeking to provide 
legal support services to the FDIC meet the eligibility requirements 
established by Congress. The information is also used to manage and 
monitor payments to contractors, document contract amendments, 
expiration dates, billable individuals, minority law firms, and to 
ensure that law firms, experts, and other legal support services 
providers comply with statutory and regulatory requirements.

Request for Comment

    Comments are invited on: (a) Whether the 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 collections of 
information, 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 
collections of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology. All comments will become a matter of public record.

    Dated at Washington, DC, this 23rd day of June 2016.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-15294 Filed 6-28-16; 8:45 am]
 BILLING CODE 6714-01-P