[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83952-83954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28329]


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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 Interagency Notice of Change in Control, the Interagency Notice of 
Change in Director or Senior Executive Officer, and the Interagency 
Biographical and Financial Report (FR 2081a,b,c; OMB No. 7100-0134).

DATES: Comments must be submitted on or before February 22, 2021.

ADDRESSES: You may submit comments, identified by FR 2081a, FR 2081b, 
or FR 2081c, by any of the following methods:
    <bullet> Agency Website: https://www.federalreserve.gov/. Follow 
the instructions for submitting comments at

[[Page 83953]]

https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#2f5d4a485c014c4042424a415b5c6f494a4b4a5d4e435d4a5c4a5d594a01484059"><span class="__cf_email__" data-cfemail="b1c3d4d6c29fd2dedcdcd4dfc5c2f1d7d4d5d4c3d0ddc3d4c2d4c3c7d49fd6dec7">[email protected]</span></a>. Include the OMB 
number in the subject line of the message.
    <bullet> Fax: (202) 452-3819 or (202) 452-3102.
    <bullet> Mail: Ann E. Misback, 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 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 identifying or 
contact information. Public comments may also be viewed electronically 
or in paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, 
between 9:00 a.m. and 5:00 p.m. on weekdays. 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--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: 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.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the 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.
    A copy of the Paperwork Reduction Act (PRA) OMB submission, 
including the reporting form and instructions, supporting statement, 
and other documentation will be placed into OMB's public docket files, 
if approved. These documents will also be made available on the Board's 
public website at https://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, 
whose name appears above.

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 Collections

    Report title: Interagency Notice of Change in Control.
    Agency form number: FR 2081a.
    OMB control number: 7100-0134.
    Frequency: Event generated.
    Respondents: All financial institutions regulated by the Board.
    Estimated number of respondents: 162.
    Estimated average hours per response: Reporting, 29.5; Disclosure, 
1.
    Estimated annual burden hours: Reporting, 4,779; Disclosure, 162.
    General description of report: The FR 2081a is submitted in 
connection with the acquisition of shares of an insured depository 
institution, savings and loan holding company (SLHC), or bank holding 
company (BHC) (or group of BHCs or SLHCs) by an individual or a group 
of individuals or a company or group of companies that would not be 
BHCs or SLHCs after consummation of the proposed transaction. When the 
Board is the federal banking regulatory agency for the target 
organization, the notice must be submitted to the appropriate Reserve 
Bank. The notice must include a description of the proposed 
transaction, the purchase price and funding source, the personal and 
financial information of the proposed acquirer(s), and any proposed new 
management.
    A FR 2081a filer must publish an announcement soliciting public 
comment on the proposed acquisition in a newspaper of general 
circulation in the community in which the head office of the depository 
institution or holding company is located. In the case of a BHC or 
SLHC, an announcement also must be published in each community in which 
the head office of a bank or savings association subsidiary of the 
holding company is located. A copy of the affidavit(s) of publication 
should be submitted to the appropriate Reserve Bank. The publication 
must (1) state the name and address of each person identified as an 
acquirer in the notice; (2) state the name of the bank or holding 
company to be acquired and each of its subsidiary banks; and (3) 
include a statement that interested persons may submit comments on the 
proposed transaction to the Board or the appropriate Reserve Bank. The 
newspaper notice must be published no more than 15 calendar days before 
and no later than 10 calendar days after the date that the application 
is filed with the appropriate Reserve Bank.
    Report title: Interagency Notice of Change in Director or Senior 
Executive Officer.
    Agency form number: FR 2081b.
    OMB control number: 7100-0134.
    Frequency: Event generated.
    Respondents: All financial institutions regulated by the Board.
    Estimated number of respondents: 119.
    Estimated average hours per response: 2.
    Estimated annual burden hours: 238.
    General description of report: The FR 2081b is used, under certain 
circumstances, to notify the appropriate Reserve Bank of a proposed 
change to an institution's board of directors or senior executive 
officers. The notice must be filed if the institution is not in 
compliance with all minimum capital requirements, is in troubled 
condition, or is otherwise required by the Board to provide such 
notice. The reporting form may be filed by the relevant state

[[Page 83954]]

member bank (SMB), SLHC, or BHC, or by the affected individual. The 
notice must include (1) details of the proposed transaction; (2) steps 
taken by the insured depository institution or holding company to 
investigate and satisfy itself as to the competence, experience, 
character, and integrity of the subject individual; (3) if the notice 
represents a proposal to serve as a senior executive officer of an 
insured depository institution or holding company, a description of the 
duties and responsibilities of the subject position and proposed terms 
of employment; and (4) if it is an after-the-fact notice, an 
identification of the exception to the prior notice requirement upon 
which the notificant relies or a discussion of the reasons that prior 
notice was not given and what steps have been taken to avoid future 
violations.
    Report title: Interagency Biographical and Financial Report.
    Agency form number: FR 2081c.
    OMB control number: 7100-0134.
    Frequency: Event generated.
    Respondents: All financial institutions regulated by the Board.
    Estimated number of respondents: 959.
    Estimated average hours per response: 4.5.
    Estimated annual burden hours: 4,316.
    General description of report: The FR 2081c is used by certain 
shareholders, directors, and executive officers in connection with the 
FR 2081a and FR 2081b. Information requested on this reporting form is 
subject to verification and must be complete. As with all the notices 
and reporting forms, requests for clarification or supplementation of 
the original filing may be necessary.
    Proposed Revisions: The Board proposes to revise the FR 2081c by 
correcting an inadvertent and unintentional numbering error from the 
previous clearance. As a result of this error, currently, a respondent 
is required to provide their telephone number and email address only if 
they are not a U.S. citizen or are a dual citizen. With the corrected 
numbering and delineation, the form will clearly require all 
respondents to provide their telephone number and email address. This 
revision would be effective immediately. No changes are being proposed 
for the FR 2081a or FR 2081b.
    Legal authorization and confidentiality: The FR 2081a and FR 2081c 
information collections are authorized by section 7(j) of the Federal 
Deposit Insurance Act, which states that ``[n]o person . . . shall 
acquire control of any insured depository institution . . . unless the 
appropriate Federal banking agency has been given sixty days' prior 
written notice of such proposed acquisition'' and requires the Federal 
Reserve to investigate the competence, experience, integrity, and 
financial ability of any such person.\1\ The FR 2081a, FR 2081b, and FR 
2081c information collections are authorized by section 914 of the 
Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), 
which provides that an insured depository institution or depository 
institution holding company shall notify the appropriate Federal 
banking agency of the proposed addition of any individual to the board 
of directors or the employment of any individual as a senior executive 
officer at least 30 days before such addition or employment becomes 
effective.\2\
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    \1\ 12 U.S.C. 1817(j). The Board also has the authority to 
require reports from bank holding companies (12 U.S.C. 1844(c)), 
savings and loan holding companies (12 U.S.C. 1467a(b) and (g)), and 
state member banks (12 U.S.C. 248(a) and 324).
    \2\ 12 U.S.C. 1831i.
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    In addition to being used in conjunction with the FR 2081a and FR 
2081b, the FR 2081c is used in conjunction with the FR 2070 and the 
Application to Become a Bank Holding Company and/or Acquire an 
Additional Bank or Bank Holding Company (FR Y-3; OMB No. 7100-0121). 
When used in conjunction with the FR 2070, the FR 2081c is authorized 
by section 18(c) of the Federal Deposit Insurance Act, which requires 
that a SMB, when it is the acquiring, assuming, or resulting bank, 
obtain prior approval from the Board before merging or consolidating 
with another insured depository institution, or assuming liability to 
pay any deposits made in any other depository institution, and requires 
the Board to consider the managerial resources and future prospects of 
the existing and proposed institutions.\3\ When used in conjunction 
with the FR Y-3, the FR 2081c is authorized by section 3(a) of the Bank 
Holding Company Act of 1956, which requires Board approval for 
formations, acquisitions, and mergers of bank holding companies, and 
requires the Board to consider the competence, experience, and 
integrity of the officers, directors, and principal shareholders of the 
company.\4\
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    \3\ 12 U.S.C. 1828(c).
    \4\ 12 U.S.C. 1842.
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    The obligation to file these event-generated reports is mandatory. 
Individual respondents may request that information submitted to the 
Board through the FR 2081a, FR 2081b, or FR 2081c be kept confidential. 
If a respondent requests confidential treatment, the Board will 
determine whether the information is entitled to confidential treatment 
on a case-by-case basis. To the extent a respondent submits nonpublic 
commercial or financial information, which is both customarily and 
actually treated as private by the respondent, the respondent may 
request confidential treatment pursuant to exemption 4 of the Freedom 
of Information Act (FOIA).\5\ To the extent a respondent submits 
personnel, medical, or similar files, the disclosure of which would 
constitute an unwarranted invasion of privacy, the respondent may 
request confidential treatment pursuant to exemption 6 of the FOIA.\6\ 
To the extent a respondent submits information related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of a financial supervisory agency, the respondent may request 
confidential treatment pursuant to exemption 8 of the FOIA.\7\ The 
entity should separately designate any such information as 
``confidential commercial information'' or ``confidential financial 
information,'' and the Board will treat such designated information as 
confidential to the extent permitted by law, including the FOIA.
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    \5\ 5 U.S.C. 552(b)(4)
    \6\ 5 U.S.C. 552(b)(6)
    \7\ 5 U.S.C. 552(b)(8).
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    Consultation outside the agency: An interagency working group 
responsible for reviewing this collection, comprised of representatives 
from the Board, OCC, and FDIC, collaborated on confirming that changes 
were needed to the FR 2081c form for this clearance cycle.

    Board of Governors of the Federal Reserve System, December 17, 
2020.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2020-28329 Filed 12-22-20; 8:45 am]
BILLING CODE 6210-01-P


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