Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28103 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–13827 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, 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 a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘International Regulation—Part 

28.’’ The OCC also gives notice that it 

has sent the information collection to 

the Office of Management and Budget 

(OMB) for review. 

DATES: Comments must be received by 

July 13, 2009. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Public Information Room, 

Mailstop 2–3, Attention: 1557–0102, 

250 E Street, SW., Washington, DC 

20219. In addition, comments may be 

sent by fax to (202) 874–5274, or by 

electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 250 E Street, 

SW., Washington, DC 20219. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, you should send a copy 

of your comments to OCC Desk Officer, 

1557–0102, by mail to U.S. Office of 

Management and Budget, 725 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary H. 

Gottlieb, OCC Clearance Officer, (202) 

874–5090, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection: 

Title: International Regulation—Part 

28. 

OMB Control No.: 1557–0102. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation or to the 

information collection requirements. 

The OCC requests only that OMB extend 

its approval of the information 

collection. 

12 CFR Part 28 contains the following 

collections of information: 

12 CFR 28.3 Filing Requirements for 

Foreign Operations of a National 

Bank—Notice Requirement 

A national bank shall notify the OCC 

when it: 

• Files an application, notice, or 

report with the FRB to establish or open 

a foreign branch, or acquire or divest of 

an interest in, or close, an Edge 

corporation, Agreement corporation, 

foreign bank, or other foreign 

organization. 

• Opens a foreign branch, and no 

application or notice is required by the 

FRB for such transaction. 

In practice, the OCC has also required 

an application pursuant to § 28.3(c) 

from a national bank to join a foreign 

exchange, clearinghouse, or similar type 

of organization. In lieu of a notice, the 

OCC may accept a copy of an 

application, notice, or report submitted 

to another Federal agency that covers 

the proposed action and contains 

substantially the same information 

required by the OCC. A national bank 

shall furnish the OCC with any 

additional information the OCC may 

require in connection with the national 

bank’s foreign operations. 

12 CFR 28.12(a) Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Approval of a 

Federal Branch or Agency—Approval 

and Licensing Requirements 

A foreign bank shall submit an 

application to, and obtain prior 

approval from the OCC before it 

establishes a Federal branch or agency, 

or exercises fiduciary powers at a 

Federal branch. 

12 CFR 28.12(e)(2) Covered Under 

OMB Control No. 1557–0014 

(Comptroller’s Licensing Manual) 

Approval of a Federal Branch or 

Agency—Written Notice for Additional 

Intrastate Branches or Agencies 

A foreign bank shall provide written 

notice to the OCC 30 days in advance 

of the establishment of an intrastate 

branch or agency. 

12 CFR 28.12(h) Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Approval of a 

Federal Branch or Agency—After-theFact Notice for Eligible Foreign Banks 

A foreign bank proposing to establish 

a Federal branch or agency through the 

acquisition of, or merger or 

consolidation with, a foreign bank that 

has an existing bank subsidiary, branch, 

or agency, may proceed with the 

transaction and provide after-the-fact 

notice within 14 days of the transaction 

to the OCC if (1) the resulting bank is 

an ‘‘eligible foreign bank’’ within the 

meaning of § 28.12(f) and (2) no Federal 

branch established by the transaction 

accepts deposits insured by the FDIC. 

12 CFR 28.12(i) Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Approval of a 

Federal Branch or Agency— 

Contraction of Operations 

A foreign bank shall provide written 

notice to the OCC within 10 days after 

converting a Federal branch into a 

limited Federal branch or Federal 

agency. 

12 CFR 28.14(c) Limitations Based 

Upon Capital of a Foreign Bank— 

Aggregation 

A foreign bank shall aggregate 

business transacted by all Federal 

branches and agencies with the business 

transacted by all State branches and 

agencies controlled by the foreign bank 

in determining its compliance with 

limitations based upon the capital of the 

foreign bank. A foreign bank shall 

designate one Federal branch or agency 

office in the United States to maintain 

consolidated information so that the 

OCC can monitor compliance. 

12 CFR 28.15(d), (d)(1), (d)(2), and (f) 

Capital Equivalency Deposits 

Deposit arrangements: 

• A foreign bank should require its 

depository bank to segregate its capital 

equivalency deposits on the depository 

bank’s books and records. 

• The instruments making up the 

capital equivalency deposit that are 

placed in safekeeping at a depository 

bank to satisfy a foreign bank’s capital 

equivalency deposit requirement must 

28104 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

be maintained pursuant to an agreement 

prescribed by the OCC that shall be a 

written agreement entered into with the 

OCC. 

• Each Federal branch or agency shall 

maintain a capital equivalency account 

and keep records of the amount of 

liabilities requiring capital equivalency 

coverage in a manner and form 

prescribed by the OCC. 

• A foreign bank’s capital 

equivalency deposits may not be 

reduced in value below the minimum 

required for that branch or agency 

without the prior approval of the OCC, 

but in no event below the statutory 

minimum. 

12 CFR 28.16(c) Deposit-Taking by an 

Uninsured Federal Branch— 

Application for an Exemption 

A foreign bank may apply to the OCC 

for an exemption to permit an 

uninsured Federal branch to accept or 

maintain deposit accounts that are not 

listed in paragraph (b) of this section. 

The request should describe: 

• The types, sources, and estimated 

amount of such deposits and explain 

why the OCC should grant an 

exemption; 

• How the exemption maintains and 

furthers the policies described in 

paragraph (a) of this section. 

12 CFR 28.16(d) Deposit-Taking by an 

Uninsured Federal Branch— 

Aggregation of Deposits 

A foreign bank that has more than one 

Federal branch in the same State may 

aggregate deposits in all of its Federal 

branches in that State, but exclude 

deposits of other branches, agencies or 

wholly owned subsidiaries of the bank. 

The Federal branch shall compute the 

average amount by using the sum of 

deposits as of the close of business of 

the last 30 calendar days ending with 

and including the last day of the 

calendar quarter, divided by 30. The 

Federal branch shall maintain records of 

the calculation until its next 

examination by the OCC. 

12 CFR 28.17 Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Notice of Change in 

Activity or Operations 

A Federal branch or agency shall 

notify the OCC if it changes its corporate 

title; changes its mailing address; 

converts to a State branch, State agency, 

or representative office; or the parent 

foreign bank changes the designation of 

its home State. 

12 CFR 28.18(c)(1) Recordkeeping and 

Reporting—Maintenance of Accounts, 

Books, and Records 

Each Federal branch or agency shall 

maintain a set of accounts and records 

reflecting its transactions that are 

separate from those of the foreign bank 

and any other branch or agency. The 

Federal branch or agency shall keep a 

set of accounts and records in English 

sufficient to permit the OCC to examine 

the condition of the Federal branch or 

agency and its compliance with 

applicable laws and regulations. 

12 CFR 28.20(a)(1) Maintenance of 

Assets—General Rule 

The OCC may require a foreign bank 

to hold certain assets in the State in 

which its Federal branch or agency is 

located. 

12 CFR 28.22(b) Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Voluntary 

Liquidation Notice to Customers and 

Creditors 

A foreign bank shall publish notice of 

the impending closure of each Federal 

branch or agency for a period of two 

months in every issue of a local 

newspaper where the Federal branch or 

agency is located. If only weekly 

publication is available, the notice must 

be published for nine consecutive 

weeks. 

12 CFR 28.22(e) Reports of 

Examination 

The Federal branch or agency shall 

send the OCC certification that all of its 

Reports of Examination have been 

destroyed or return its Reports of 

Examination to the OCC. 

12 CFR 28.25(a) Covered Under OMB 

Control No. 1557–0014 (Comptroller’s 

Licensing Manual) Change in Control— 

After-the-Fact Notice 

In cases where no other filing is 

required, a foreign bank that operates a 

Federal branch or agency shall inform 

the OCC in writing of the direct or 

indirect acquisition of control of the 

foreign bank by any person or entity, or 

group of persons or entities acting in 

concert, within 14 calendar days after 

the foreign bank becomes aware of a 

change in control. 

12 CFR 28.52 Covered Under OMB 

Control No. 1557–0081 (MA)—Reports 

of Condition and Income (Interagency 

Call Report), FFIEC 031, FFIEC 041 

Allocated Transfer Risk Reserve 

A banking institution shall establish 

an allocated transfer risk reserve for 

specified international assets when 

required by the OCC in accordance with 

the requirements of the section. 

12 CFR 28.54 Covered Under OMB 

Control No. 1557–0100 Country 

Exposure Report and Country Exposure 

Information Report (FFIEC 009, FFIEC 

009a) Reporting and Disclosure of 

International Assets 

A banking institution shall submit to 

the OCC, at least quarterly, information 

regarding the amounts and composition 

of its holdings of international assets. A 

banking institution shall submit to the 

OCC information regarding 

concentrations in its holdings of 

international assets that are material in 

relation to total assets and to capital of 

the institution. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals; 

businesses or other for-profit. 

Estimated Number of Respondents: 

79. 

Estimated Total Annual Responses: 

117. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

3,661.5. 

The OCC issued a 60-day notice for 

comment on April 3, 2009. 71 FR 15322. 

No comments were received. The OCC 

invites continued comments on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information has practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden of the collection 

of information; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

the 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. 

Dated: June 8, 2009. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. E9–13873 Filed 6–11–09; 8:45 am] 

BILLING CODE 4810–33–P