[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62363-62364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19477]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice, request for comment.

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SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites comment on a proposal to extend for three years, with revision, 
the Recordkeeping and Disclosure Requirements Associated with 
Regulation R (FR R; OMB No. 7100-0316).

DATES: Comments must be submitted on or before November 13, 2023.

ADDRESSES: You may submit comments, identified by FR R, by any of the 
following methods:
     Agency Website: https://www.federalreserve.gov/. Follow 
the instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: [email protected]. Include the OMB 
number or FR number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Federal Reserve Board of Governors, Attn: Ann E. 
Misback, Secretary of the Board, Mailstop M-4775, 2001 C St. NW, 
Washington, DC 20551.
    All public comments are available from the Board's website at 
https://www.federalreserve.gov/apps/foia/proposedregs.aspx as 
submitted, unless modified for technical reasons or to remove 
personally identifiable information at the commenter's request. 
Accordingly, comments will not be edited to remove any confidential 
business information, identifying information, or contact information. 
Public comments may also be viewed electronically or in paper in Room 
M-4365A, 2001 C St. NW, Washington, DC 20551, between 9:00 a.m. and 
5:00 p.m. on weekdays, except for Federal holidays. For security 
reasons, the Board requires that visitors make an appointment to 
inspect comments. You may do so by calling (202) 452-3684. Upon 
arrival, visitors will be required to present valid government-issued 
photo identification and to submit to security screening in order to 
inspect and photocopy comments.
    Additionally, commenters may send a copy of their comments to the 
Office of Management and Budget (OMB) Desk Officer for the Federal 
Reserve Board, 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: Federal Reserve Board Clearance 
Officer--Nuha Elmaghrabi--Office of the Chief Data Officer, Board of 
Governors of the Federal Reserve System, [email protected], (202) 
452-3884.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the Paperwork Reduction Act (PRA) to approve and assign 
OMB control numbers to collections of information 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.
    During the comment period for this proposal, a copy of the proposed 
PRA OMB submission, including the draft reporting form and 
instructions, supporting statement (which contains more detail about 
the information collection and burden estimates than this notice), and 
other documentation, will be made available on the Board's public 
website at https://www.federalreserve.gov/apps/reportingforms/home/review or may be requested from the agency clearance officer, whose 
name appears above. Final versions of these documents will be made 
available at https://www.reginfo.gov/public/do/PRAMain, if approved.

Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information 
collection, 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 Board's functions, including whether the 
information has practical utility;
    b. The accuracy of the Board'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 startup costs and costs of operation, 
maintenance, and purchase of services to provide information.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the Board 
should modify the proposal.

Proposal Under OMB Delegated Authority To Extend for Three Years, With 
Revision, the Following Information Collection

    Collection title: Recordkeeping and Disclosure Requirements 
Associated with Regulation R.
    Collection identifier: FR R.
    OMB control number: 7100-0316.
    General description of collection: The Board's Regulation R--
Exceptions for Banks from the Definition of Broker in the Securities 
Exchange Act of 1934 (12 CFR part 218) implements certain exceptions 
for banks from the definition of broker under section 3(a)(4) of the 
Securities Exchange Act of 1934 (Exchange Act). Sections 701, 723, and 
741 of Regulation R contain certain recordkeeping provisions for banks 
that utilize the exceptions in the Exchange Act and certain customer 
and counterparty disclosure requirements.
    Proposed revisions: The Board proposes to revise the FR R to 
account for a recordkeeping provision in section 218.723(c)(2)(ii) of 
Regulation R, which has not been previously cleared by the Board under 
the PRA.
    For purposes of determining compliance with the chiefly compensated 
test, a bank may exclude the trust or fiduciary accounts held at a non-
shell foreign branch of the bank if the bank has reasonable cause to 
believe that trust or fiduciary accounts of the foreign branch held by 
or for the benefit

[[Page 62364]]

of a U.S. person constitute less than 10 percent of the total number of 
trust or fiduciary accounts of the foreign branch. Under section 
218.723(c)(2)(ii) of Regulation R, a bank will be deemed to have 
reasonable cause to believe that a trust or fiduciary account of a 
foreign branch of the bank is not held by or for the benefit of a U.S. 
person if, among other things, the records of the foreign branch 
indicate that the accountholder(s) and beneficiary(ies) of the account 
is not a U.S. person. In order to receive the benefits of this 
provision the foreign branch must keep such records while the 
account(s) at issue are open, so that supervisors can monitor 
compliance. The Board has not estimated additional burden for this 
provision because it expects that records about whether accountholders 
and beneficiaries are U.S. persons would be compiled and maintained by 
banks in the normal course of their activities.
    Frequency: Event-generated.
    Respondents: Banks, as defined in the Exchange Act, that qualify 
for the exemptions from the Exchange Act definition of broker.
    Total estimated number of respondents: 3,185.
    Total estimated change in burden: 0.
    Total estimated annual burden hours: 62,709.\1\
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    \1\ More detailed information regarding this collection, 
including more detailed burden estimates, can be found in the OMB 
Supporting Statement posted at https://www.federalreserve.gov/apps/reportingforms/home/review. On the page displayed at the link, you 
can find the OMB Supporting Statement by referencing the collection 
identifier, FR R.

    Board of Governors of the Federal Reserve System, September 5, 
2023.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2023-19477 Filed 9-8-23; 8:45 am]
BILLING CODE 6210-01-P