Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 52529 

FEDERAL RESERVE SYSTEM 

Agency Information Collection 

Activities: Announcement of Board 

Approval Under Delegated Authority 

and Submission to OMB 

SUMMARY: Background. Notice is hereby 

given of the final approval of proposed 

information collections by the Board of 

Governors of the Federal Reserve 

System (Board) under OMB delegated 

authority, as per 5 CFR 1320.16 (OMB 

Regulations on Controlling Paperwork 

Burdens on the Public). Board-approved 

collections of information are 

incorporated into the official OMB 

inventory of currently approved 

collections of information. Copies of the 

Paperwork Reduction Act (PRA) 

Submission, supporting statements and 

approved collection of information 

instrument(s) are placed into OMB’s 

public docket files. The Federal Reserve 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection that has 

been extended, revised, or implemented 

on or after October 1, 1995, unless it 

displays a currently valid OMB control 

number. 

FOR FURTHER INFORMATION CONTACT: 

Federal Reserve Board Clearance 

Officer—Michelle Shore—Division of 

Research and Statistics, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551 (202– 

452–3829). 

OMB Desk Officer—Shagufta Ahmed 

—Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Room 10235, Washington, DC 20503. 

Final approval under OMB delegated 

authority of the extension for three 

years, with revision, of the following 

report: 

Report title: Intermittent Survey of 

Businesses. 

Agency form number: FR 1374. 

OMB control number: 7100–0302. 

Frequency: On occasion. 

Reporters: Businesses and state and 

local governments. 

Estimated annual reporting hours: 

205 hours. 

Estimated average hours per response: 

15 minutes. 

Number of respondents: 250. 

General description of report: This 

information collection is voluntary (12 

U.S.C. 225a and 263) and may be given 

confidential treatment (5 U.S.C. 

552(b)(4)). 

Abstract: The survey data are used by 

the Federal Reserve to gather 

information specifically tailored to the 

Federal Reserve’s policy and operational 

responsibilities. There are two parts to 

this event-generated survey. First, the 

Federal Reserve staff survey business 

contacts as economic developments 

warrant. Currently, they conduct these 

surveys with approximately 240 

business respondents for each survey. It 

is necessary to conduct these surveys to 

provide timely information to the 

members of the Board and to the 

presidents of the Reserve Banks. 

Usually, these surveys are conducted by 

Federal Reserve economists telephoning 

or emailing purchasing managers, 

economists, or other knowledgeable 

individuals at selected, relevant 

businesses. The frequency and content 

of the questions, as well as the entities 

contacted, vary depending on 

developments in the economy. Second, 

economists survey business contacts by 

telephone, inquiring about current 

business conditions. The economists 

conduct these surveys as economic 

conditions require, with approximately 

ten respondents for each survey. 

Current actions: The Federal Reserve 

proposed to revise the panel to include 

state and local governments as 

economic conditions may warrant. 

Given that state and local governments 

now account for about 12 percent of 

total Gross Domestic Product, it may be 

important at times to survey these 

governments for up-to-date information 

about developments in this sector. 

On June 15, 2010, the Federal Reserve 

published a notice in the Federal 

Register (75 FR 33805) seeking public 

comment for 60 days on the extension, 

with revision, of the Intermittent Survey 

of Businesses. The comment period for 

this notice expired on August 16, 2010. 

The Federal Reserve did not receive any 

comments. The revisions will be 

implemented as proposed. 

Final approval under OMB delegated 

authority of the extension for three 

years, without revision, of the following 

reports: 

1. Report title: Home Mortgage 

Disclosure Act (HMDA) Loan/ 

Application Register (LAR). 

Agency form number: FR HMDA– 

LAR. 

OMB control number: 7100–0247. 

Frequency: Annual. 

Reporters: State member banks, 

subsidiaries of state member banks, 

subsidiaries of bank holding companies, 

U.S. branches and agencies of foreign 

banks (other than federal branches, 

federal agencies, and insured state 

branches of foreign banks), commercial 

lending companies owned or controlled 

by foreign banks, and organizations 

operating under section 25 or 25A of the 

Federal Reserve Act. 

Estimated annual reporting hours: 

151,134 hours. 

Estimated average hours per response: 

State member banks, 242 hours; and 

mortgage subsidiaries, 192 hours. 

Number of respondents: 519 State 

member banks, and 133 mortgage 

subsidiaries. 

General description of report: This 

information collection is mandatory (12 

U.S.C. 2803(j)). The information is not 

given confidential treatment, however, 

information that might identify 

individual borrowers or applicants is 

given confidential treatment under 

exemption 6 of the Freedom of 

Information Act (5 U.S.C. 552(b)(6)) and 

section 304 (j)(2)(B) of HMDA (12 U.S.C. 

2803(j)(2)(B)). 

Abstract: The information reported 

and disclosed pursuant to this 

collection is used to further the 

purposes of HMDA. These include: (1) 

To help determine whether financial 

institutions are serving the housing 

needs of their communities, (2) to assist 

public officials in distributing publicsector investments so as to attract 

private investment to areas where it is 

needed, and (3) to assist in identifying 

possible discriminatory lending patterns 

and enforcing anti-discrimination 

statutes. 

2. Report title: Disclosure 

Requirements in Connection with 

Regulation CC (Expedited Funds 

Availability Act (EFAA)). 

Agency form number: Reg CC. 

OMB control number: 7100–0235. 

Frequency: Event-generated. 

Reporters: State member banks and 

uninsured state branches and agencies 

of foreign banks. 

Annual reporting hours: 202,396 

hours. 

Estimated average hours per response: 

Banks: Specific availability policy 

disclosure and initial disclosures, 1 

minute; notice in specific policy 

disclosure, 3 minutes; notice of 

exceptions, 3 minutes; locations where 

employees accept consumer deposits, 15 

minutes; annual notice of new 

automated teller machines (ATMs), 5 

hours; ATM changes in policy, 20 

hours; notice of nonpayment, 1 minute; 

expedited recredit for consumers, 15 

minutes; expedited recredit for banks, 

15 minutes; consumer awareness, 1 

minute. Consumers: Expedited recredit 

claim notice, 15 minutes. 

Number of respondents: 1,060. 

General description of report: This 

information collection is mandatory. 

Reg CC is authorized pursuant the 

EFAA, as amended, and the Check 21 

Act (12 U.S.C. 4008 and 12 U.S.C. 5014, 

respectively). Because the Federal 

Reserve does not collect any 

information, no issue of confidentiality 

arises. However, if, during a compliance 

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52530 Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices 

examination of a financial institution, a 

violation or possible violation of the 

EFAA or the Check 21 Act is noted then 

information regarding such violation 

may be kept confidential pursuant to 

Section (b)(8) of the Freedom of 

Information Act. 5 U.S.C. 552(b)(8). 

Abstract: Regulation CC requires 

banks to make funds deposited in 

transaction accounts available within 

specified time periods, disclose their 

availability policies to customers, and 

begin accruing interest on such deposits 

promptly. The disclosures are intended 

to alert customers that their ability to 

use deposited funds may be delayed, 

prevent unintentional (and potentially 

costly) overdrafts, and allow customers 

to compare the policies of different 

banks before deciding at which bank to 

deposit funds. The regulation also 

requires notice to the depositary bank 

and to a customer of nonpayment of a 

check. Model disclosure forms, clauses, 

and notices are appended to the 

regulation to ease compliance. 

Current Actions: On June 15, 2010, 

the Federal Reserve published a notice 

in the Federal Register (75 FR 33806) 

seeking public comment for 60 days on 

the extension, without revision, of the 

FR HMDA–LAR and Reg CC. The 

comment period for this notice expired 

on August 16, 2010. The Federal 

Reserve did not receive comments on 

the Reg CC proposal. The Federal 

Reserve received one comment on the 

FR HMDA/LAR proposal from an 

individual that discussed the merits of 

a national loan identification number, 

however, the points raised were beyond 

the scope of the PRA clearance process. 

Board of Governors of the Federal Reserve 

System, August 23, 2010. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2010–21233 Filed 8–25–10; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Implementation of Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5) for 

Adjustments to the Third Quarter of 

Fiscal Year 2010 Federal Medical 

Assistance Percentage Rates for 

Federal Matching Shares for Medicaid 

and Title IV–E Foster Care, Adoption 

Assistance and Guardianship 

Assistance Programs 

AGENCY: Office of the Secretary, DHHS. 

ACTION: Notice. 

SUMMARY: This notice provides the 

adjusted Federal Medical Assistance 

Percentage (FMAP) rate for the third 

quarter of Fiscal Year 2010 (FY10) as 

required under Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA). Section 5001 of the 

ARRA provides for temporary increases 

in the FMAP rates to provide fiscal 

relief to States and to protect and 

maintain State Medicaid and certain 

other assistance programs in a period of 

economic downturn. The increased 

FMAP rates apply during a recession 

adjustment period that is defined in 

ARRA as the period beginning October 

1, 2008 and ending December 31, 2010. 

This notice does not account for 

changes as a result of Public Law 111– 

226. However, future FMAP notices will 

account for these changes. 

DATES: Effective Date: The percentages 

listed are for the third quarter of FY10 

beginning April 1, 2010 through June 

30, 2010. 

A. Background 

The FMAP is used to determine the 

amount of Federal matching for 

specified State expenditures for 

assistance payments under programs 

under the Social Security Act (‘‘the 

Act’’). Sections 1905(b) and 

1101(a)(8)(B) of the Act require the 

Secretary of Health and Human Services 

to publish the FMAP rates each year. 

The Secretary calculates the percentages 

using formulas in sections 1905(b) and 

1101(a)(8)(B), and statistics from the 

Department of Commerce of average 

income per person in each State and for 

the Nation as a whole. The percentages 

must be within the upper and lower 

limits given in section 1905(b) of the 

Act. The percentages to be applied to 

the District of Columbia, Puerto Rico, 

the Virgin Islands, Guam, American 

Samoa, and the Northern Mariana 

Islands are specified separately in the 

Act, and thus are not based on the 

statutory formula that determines the 

percentages for the 50 States. 

Section 1905(b) of the Act specifies 

the formula for calculating the FMAP as 

follows: 

The FMAP for any State shall be 100 per 

centum less the State percentage; and the 

State percentage shall be that percentage 

which bears the same ratio to 45 per centum 

as the square of the per capita income of such 

State bears to the square of the per capita 

income of the continental United States 

(including Alaska) and Hawaii; except that 

(1) the FMAP shall in no case be less than 

50 per centum or more than 83 per centum, 

and (2) the FMAP for Puerto Rico, the Virgin 

Islands, Guam, the Northern Mariana Islands, 

and American Samoa shall be 50 per centum. 

Section 4725 of the Balanced Budget 

Act of 1997 amended section 1905(b) to 

provide that the FMAP for the District 

of Columbia for purposes of titles XIX 

(Medicaid) and XXI (CHIP) shall be 70 

percent. The Medicare Improvements 

for Patients and Providers Act of 2008 

(MIPPA) (Pub. L. 110–275) amended the 

FMAP applied to the District of 

Columbia for maintenance payments 

under title IV–E programs to make it 

consistent with the 70 percent Medicaid 

match rate. 

Section 5001 of Division B of the 

ARRA provides for a temporary increase 

in FMAP rates for Medicaid and title 

IV–E Foster Care, Adoption Assistance 

and Guardianship Assistance programs. 

The purpose of the increases to the 

FMAP rates is to provide fiscal relief to 

States and to protect and maintain State 

Medicaid and certain other assistance 

programs in a period of economic 

downturn, referred to as the ‘‘recession 

adjustment period.’’ The recession 

adjustment period is defined as the 

period beginning October 1, 2008 and 

ending December 31, 2010. 

B. Calculation of the Increased FMAP 

Rates Under ARRA 

Section 5001 of the ARRA specifies 

that the FMAP rates shall be temporarily 

increased for the following: (1) 

Maintenance of FMAP rates for FY09, 

FY10, and first quarter of FY11, so that 

the FMAP rate will not decrease from 

the prior year, determined by using as 

the FMAP rate for the current year, the 

greater of any prior fiscal year FMAP 

rates between 2008–2010 or the rate 

calculated for the current fiscal year; (2) 

in addition to any maintenance 

increase, the application of an increase 

in each State’s FMAP of 6.2 percentage 

points; and (3) an additional percentage 

point increase based on the State’s 

increase in unemployment during the 

recession adjustment period. The 

resulting increased FMAP cannot 

exceed 100 percent. Each State’s FMAP 

will be recalculated each fiscal quarter 

beginning October 2008. Availability of 

certain components of the increased 

FMAP is conditioned on States meeting 

statutory programmatic requirements, 

such as the maintenance of effort 

requirement, which are not part of the 

calculation process. 

Expenditures for which the increased 

FMAP is not available under title XIX 

include expenditures for 

disproportionate share hospital 

payments, certain eligibility expansions, 

services received through an IHS or 

Tribal facility (which are already paid at 

a rate of 100 percent and therefore not 

subject to increase), and expenditures 

that are paid at an enhanced FMAP rate. 

The increased FMAP is available for 

expenditures under part E of title IV 

(including Foster Care, Adoption 

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