80_FR_15063 80 FR 15009 - Proposed Agency Information Collection Activities; Comment Request

80 FR 15009 - Proposed Agency Information Collection Activities; Comment Request

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range15009-15011
FR Document2015-06363

On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments 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.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15009-15011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06363]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.
SUMMARY: On June 15, 1984, the Office of Management and Budget (OMB) 
delegated to the Board of Governors of the Federal Reserve System 
(Board) its approval authority under the Paperwork Reduction Act (PRA), 
to approve of and assign OMB control numbers to collection of 
information requests and requirements conducted or sponsored by the 
Board. Board-approved collections of information are incorporated into 
the official OMB inventory of currently approved collections of 
information. Copies of the Paperwork Reduction Act Submission, 
supporting statements and approved collection of information 
instruments 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.

DATES: Comments must be submitted on or before May 19, 2015.

ADDRESSES: You may submit comments, identified by FR Y-6, FR Y-7, FR Y-
10, or FR Y-10E, by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include OMB 
number in the subject line of the message.
     FAX: (202) 452-3819 or (202) 452-3102.
     Mail: Robert deV. Frierson, 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 Web site at 
http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information. Public 
comments may also be viewed electronically or in paper form in Room 
3515, 1801 K Street (between 18th and 19th Streets NW.) Washington, DC 
20006 between 9:00 a.m. and 5:00 p.m. on weekdays.
    Additionally, commenters may send a copy of their comments to the 
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: A copy of the PRA OMB submission, 
including the proposed reporting form and instructions, supporting 
statement, and other documentation will be placed into OMB's public 
docket files, once approved. These documents will also be made 
available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested 
from the agency clearance officer, whose name appears below.
    Federal Reserve Board Acting Clearance Officer--Mark Tokarski--
Office of the Chief Data Officer, Board of Governors of the Federal 
Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications 
Device for the Deaf (TDD) users may contact (202) 263-4869, Board of 
Governors of the Federal Reserve System, Washington, DC 20551.

SUPPLEMENTARY INFORMATION:

Request for Comment on Information Collection Proposal

    The following information collection, which is being handled under 
this delegated authority, has received initial Board approval and is 
hereby published for comment. At the end of the comment period, the 
proposed information collection, along with an analysis of comments and 
recommendations received, will be submitted to the Board for final 
approval under OMB delegated authority. Comments are invited on the 
following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Federal Reserve's functions; including 
whether the information has practical utility;
    b. The accuracy of the Federal Reserve'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 start up costs and costs of operation, 
maintenance, and purchase of services to provide information.

Proposal To Approve Under OMB Delegated Authority the Extension for 
Three Years, With Revision, of the Following Report

    Report title: Annual Report of Holding Companies; Annual Report of 
Foreign Banking Organizations; Report of Changes in Organizational 
Structure; Supplement to the Report of Changes in Organizational 
Structure.
    Agency form number: FR Y-6; FR Y-7; FR Y-10; FR Y-10E.
    OMB control number: 7100-0297.
    Frequency: FR Y-6: Annual; FR Y-7: Annual; FR Y-10: Event-
generated; FR Y-10E: Event-generated.
    Reporters: Bank holding companies (BHCs) and savings and loan 
holding companies (SLHCs) (collectively, holding companies (HCs)), 
securities holding companies, foreign banking organizations (FBOs), 
state member banks unaffiliated with a BHC, Edge Act and agreement 
corporations, and nationally chartered banks that are not controlled by 
a BHC (with regard to their foreign investments only).
    Estimated annual reporting hours: FR Y-6: 26,477 hours; FR Y-7: 972 
hours; FR Y-10 initial: 530 hours; FR Y-10 ongoing: 39,735 hours; FR Y-
10E: 2,649 hours.
    Estimated average hours per response: FR Y-6: 5.5 hours; FR Y-7: 4 
hours; FR Y-10 initial: 1 hour; FR Y-10 ongoing: 2.5 hours; FR Y-10E: 
0.5 hours.
    Number of respondents: FR Y-6: 4,814; FR Y-7: 243; FR Y-10 initial: 
530; FR Y-10 ongoing: 5,298; FR Y-10E: 5,298.
    General description of report: These information collections are 
mandatory as follows:
    FR Y-6: Section 5(c)(1)(A) of the Bank Holding Company Act (BHC 
Act) (12 U.S.C. 1844(c)(1)(A)), sections 8(a) and 13(a) of the 
International Banking Act (IBA) (12 U.S.C. 3106(a) and 3108(a)), 
sections 11(a)(1), 25, and 25A of the Federal Reserve Act (12 U.S.C. 
248(a)(1), 602, and 611a), and sections 113, 312,

[[Page 15010]]

618, and 809 of the Dodd-Frank Act (12 U.S.C. 5361, 5412, 1850a(c)(1), 
and 5468(b)(1), respectively).
    FR Y-7: Sections 8(a) and 13(a) of the IBA (12 U.S.C. 3106(a) and 
3108(a)) and sections 113, 312, 618, and 809 of the Dodd-Frank Act (12 
U.S.C. 5361, 5412, 1850a(c)(1), and 5468(b)(1), respectively).
    FR Y-10 and FR Y-10E: Sections 4(k) and 5(c)(1)(A) of the BHC Act 
(12 U.S.C. 1843(k), 1844(c)(1)(A)), section 8(a) of the IBA (12 U.S.C. 
3106(a)), sections 11(a)(1), 25(7), and 25A of the Federal Reserve Act 
(12 U.S.C. 248(a)(1), 321, 601, 602, 611a, 615, and 625), and sections 
113, 312, 618, and 809 of the Dodd-Frank Act (12 U.S.C. 5361, 5412, 
1850a(c)(1), and 5468(b)(1), respectively).
    The data collected in the FR Y-6, FR Y-7, FR Y-10, and FR Y-10E are 
not considered confidential. With regard to information that a banking 
organization may deem confidential, the institution may request 
confidential treatment of such information under one or more of the 
exemptions in the Freedom of Information Act (FOIA) (5 U.S.C. 552). The 
most likely case for confidential treatment will be based on FOIA 
exemption 4, which permits an agency to exempt from disclosure ``trade 
secrets and commercial or financial information obtained from a person 
and privileged and confidential,'' (5 U.S.C. 552(b)(4)). To the extent 
an institution can establish the potential for substantial competitive 
harm, such information would be protected from disclosure under the 
standards set forth in National Parks & Conservation Association v. 
Morton, 498 F.2d 765 (D.C. Cir. 1974). Exemption 6 of FOIA might also 
apply with regard to the respondents' submission of non-public personal 
information of owners, shareholders, directors, officers and employees 
of respondents. Exemption 6 covers ``personnel and medical files and 
similar files the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy,'' (5 U.S.C. 552(b)(6)). All 
requests for confidential treatment would need to be reviewed on a 
case-by-case basis and in response to a specific request for 
disclosure.
    Abstract: The FR Y-6 is an annual information collection submitted 
by top-tier HCs and non-qualifying FBOs. It collects financial data, an 
organization chart, verification of domestic branch data, and 
information about shareholders. The Federal Reserve uses the data to 
monitor holding company operations and determine holding company 
compliance with the provisions of the BHC Act, Regulation Y (12 CFR 
part 225), the Home Owners' Loan Act (HOLA), and Regulation LL (12 CFR 
part 238).
    The FR Y-7 is an annual information collection submitted by 
qualifying FBOs to update their financial and organizational 
information with the Federal Reserve. The FR Y-7 collects financial, 
organizational, and managerial information. The Federal Reserve uses 
information to assess an FBO's ability to be a continuing source of 
strength to its U.S. operations, and to determine compliance with U.S. 
laws and regulations.
    The FR Y-10 is an event-generated information collection submitted 
by FBOs; top-tier HCs; security holding companies as authorized under 
Section 618 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act of 2010 (12 U.S.C. 1850a(c)(1)); state member banks 
unaffiliated with a BHC; Edge Act and agreement corporations that are 
not controlled by a member bank, a domestic BHC, or a FBO; and 
nationally chartered banks that are not controlled by a BHC (with 
regard to their foreign investments only) to capture changes in their 
regulated investments and activities. The Federal Reserve uses the data 
to monitor structure information on subsidiaries and regulated 
investments of these entities engaged in banking and nonbanking 
activities. The FR Y-10E is a free-form supplement that may be used to 
collect additional structural information deemed to be critical and 
needed in an expedited manner.
    Current Actions: The Federal Reserve proposes to collect the Legal 
Entity Identifier (LEI) for all banking and nonbanking legal entities 
reportable on the Banking, Non-Banking, SLHC, and 4K schedules (not the 
Branch schedules) of the FR Y-10 and on the Organization Chart section 
of the FR Y-6 and FR Y-7. The LEI is a 20-character alphanumeric code 
that is universal and uniquely corresponds to a single legal entity.\1\ 
The Federal Reserve is only proposing requiring the reporting of an LEI 
if one has already been issued for the reportable entity at the time of 
collection. At this time, the Federal Reserve is not requiring an LEI 
to be obtained for the sole purpose of reporting the LEI on the FR Y-6, 
FR Y-7, and FR Y-10.
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    \1\ ISO 17442:2012 defines the term ``legal entities'' to 
include, but is not limited to, unique parties that are legally or 
financially responsible for the performance of financial 
transactions or have the legal right in their jurisdiction to enter 
independently into legal contracts, regardless of whether they are 
incorporated or constituted in some other way (e.g., all financial 
intermediaries, banks and finance companies, all entities that issue 
equity, debt or other securities for other capital structures, all 
entities listed on an exchange, all entities under the purview of a 
financial regulator and their affiliates, subsidiaries, and holding 
companies, counterparties to financial transactions). It excludes 
natural persons, but includes governmental organizations and 
supranationals.
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    As evident by the recent financial crisis, it was difficult for 
regulators to precisely identify parties involved in financial 
transactions domestically and internationally. At the time, there was 
no unified global identification system for to link legal entities with 
different and multiple regulators and jurisdictions. The Board and each 
financial regulatory agency assigns its' own internal primary 
identifier to the entities that it regulates, such as the Federal 
Reserve's Research Statistics Supervision and Discount Identification 
(i.e., RSSD ID) number, FDIC's Certificate number, and OCC's Charter 
number.
    Several years ago, the Financial Stability Board began leading an 
international initiative to implement a global identifier system that 
would uniquely identify parties to financial transactions, and in 
January 2013, the LEI Regulatory Oversight Committee was established to 
oversee the Global Legal Entity Identifier System. Domestically, the 
Financial Stability Oversight Council's Data Committee has encouraged 
U.S. financial regulators to review and incorporate LEIs in their data 
collections that would most benefit for purposes of improving financial 
stability monitoring. As the usage of LEI becomes more prominent, it 
would enable examiners, economists, and financial analysts to perform 
improved analyses, particularly during stressed market conditions, and 
would assist the regulatory community and the financial services 
industry at large, both domestically and internationally. In addition, 
it is expected that the use of the LEI among the regulators will expand 
to facilitate better information sharing and coordination regarding 
domestic financial policy, rulemaking, examinations, reporting 
requirements, and enforcement actions. The U.S. Commodity Futures 
Trading Commission, the U.S. Securities and Exchange Commission, and 
the National Association of Insurance Commissioners have already 
incorporated LEI in some of their data collections, and the Consumer 
Financial Protection Bureau has recently proposed replacing the 
existing Home Mortgage Disclosure Act (HMDA) Reporter's Identification 
number in HMDA submissions with LEI.\2\ A uniform, global LEI would 
assist regulators, supervisors, and public researchers and firms to 
more effectively

[[Page 15011]]

measure and monitor systemic risk and counterparty exposure, as well as 
improve operational efficiencies. A single global system would help 
support the shared objective of a more stable financial system.
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    \2\ 79 FR 51731.
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    While the Federal Reserve has considered retrieving LEI's from the 
issuers directly, this method has been deemed as ineffective since the 
associated structure data is very limited at this time. Reconciling the 
entity's LEI with their current structure data would be difficult and 
most likely result in inaccuracies given that so many institutions have 
similar attributes, such as entity names. Therefore, obtaining the LEI 
directly from the reporting entity is the most reliable source to 
accurately match an entity with the correct LEI.
    The Federal Reserve proposes to add the LEI to the FR Y-6 and FR Y-
7 organizational chart effective with fiscal year ends beginning June 
30, 2015. Submission of existing LEI information would follow the 
normal FR Y-6 and FR Y-7 submission deadlines. The Federal Reserve 
proposes a one-time information collection to populate existing LEI 
data for all FR Y-10 reportable entities (excluding branches), as of 
June 30, 2015. Respondents would submit this information no later than 
September 30, 2015. LEIs issued after June 30, 2015, should be reported 
on the appropriate FR Y-10 schedules. For all LEIs assigned between 
June 30, 2015, and September 30, 2015, information must be received at 
the appropriate Federal Reserve Bank by October 30, 2015. The Federal 
Reserve would provide a means for institutions to provide their one-
time submission data in a format easier than individual FR Y-10 
submissions.
    Question: Comments are invited on whether collecting existing LEI 
information only from entities that are reportable on the FR Y-10 would 
be sufficient rather than collecting LEI information from all entities 
reportable on the FR Y-6 and FR Y-7 organizational charts.

    Board of Governors of the Federal Reserve System, March 16, 
2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015-06363 Filed 3-19-15; 8:45 am]
 BILLING CODE 6210-01-P



                                                                                  Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                            15009

                                                  President) 2200 North Pearl Street,                     Federal Reserve System, 20th Street and                 b. The accuracy of the Federal
                                                  Dallas, Texas 75201–2272:                               Constitution Avenue NW., Washington,                  Reserve’s estimate of the burden of the
                                                    1. First Bank Lubbock Bancshares,                     DC 20551.                                             proposed information collection,
                                                  Inc., Lubbock, Texas; to acquire voting                   All public comments are available                   including the validity of the
                                                  shares of First National Bank of                        from the Board’s Web site at http://                  methodology and assumptions used;
                                                  Colorado City, Colorado City, Texas.                    www.federalreserve.gov/apps/foia/                       c. Ways to enhance the quality,
                                                    Board of Governors of the Federal Reserve             proposedregs.aspx as submitted, unless                utility, and clarity of the information to
                                                  System, March 17, 2015.                                 modified for technical reasons.                       be collected;
                                                  Michael J. Lewandowski,                                 Accordingly, your comments will not be                  d. Ways to minimize the burden of
                                                  Associate Secretary of the Board.                       edited to remove any identifying or                   information collection on respondents,
                                                  [FR Doc. 2015–06398 Filed 3–19–15; 8:45 am]             contact information. Public comments                  including through the use of automated
                                                                                                          may also be viewed electronically or in               collection techniques or other forms of
                                                  BILLING CODE 6210–01–P
                                                                                                          paper form in Room 3515, 1801 K Street                information technology; and
                                                                                                          (between 18th and 19th Streets NW.)                     e. Estimates of capital or start up costs
                                                  FEDERAL RESERVE SYSTEM                                  Washington, DC 20006 between 9:00                     and costs of operation, maintenance,
                                                                                                          a.m. and 5:00 p.m. on weekdays.                       and purchase of services to provide
                                                  Proposed Agency Information                               Additionally, commenters may send a                 information.
                                                  Collection Activities; Comment                          copy of their comments to the OMB                     Proposal To Approve Under OMB
                                                  Request                                                 Desk Officer—Shagufta Ahmed—Office                    Delegated Authority the Extension for
                                                                                                          of Information and Regulatory Affairs,                Three Years, With Revision, of the
                                                  AGENCY:   Board of Governors of the
                                                                                                          Office of Management and Budget, New                  Following Report
                                                  Federal Reserve System.
                                                  SUMMARY: On June 15, 1984, the Office
                                                                                                          Executive Office Building, Room 10235
                                                                                                          725 17th Street NW., Washington, DC                      Report title: Annual Report of Holding
                                                  of Management and Budget (OMB)                                                                                Companies; Annual Report of Foreign
                                                  delegated to the Board of Governors of                  20503 or by fax to (202) 395–6974.
                                                                                                                                                                Banking Organizations; Report of
                                                  the Federal Reserve System (Board) its                  FOR FURTHER INFORMATION CONTACT: A
                                                                                                                                                                Changes in Organizational Structure;
                                                  approval authority under the Paperwork                  copy of the PRA OMB submission,
                                                                                                                                                                Supplement to the Report of Changes in
                                                  Reduction Act (PRA), to approve of and                  including the proposed reporting form
                                                                                                                                                                Organizational Structure.
                                                  assign OMB control numbers to                           and instructions, supporting statement,
                                                                                                                                                                   Agency form number: FR Y–6; FR Y–
                                                  collection of information requests and                  and other documentation will be placed
                                                                                                                                                                7; FR Y–10; FR Y–10E.
                                                  requirements conducted or sponsored                     into OMB’s public docket files, once                     OMB control number: 7100–0297.
                                                  by the Board. Board-approved                            approved. These documents will also be                   Frequency: FR Y–6: Annual; FR Y–7:
                                                  collections of information are                          made available on the Federal Reserve                 Annual; FR Y–10: Event-generated; FR
                                                  incorporated into the official OMB                      Board’s public Web site at: http://                   Y–10E: Event-generated.
                                                  inventory of currently approved                         www.federalreserve.gov/apps/                             Reporters: Bank holding companies
                                                  collections of information. Copies of the               reportforms/review.aspx or may be                     (BHCs) and savings and loan holding
                                                  Paperwork Reduction Act Submission,                     requested from the agency clearance                   companies (SLHCs) (collectively,
                                                  supporting statements and approved                      officer, whose name appears below.                    holding companies (HCs)), securities
                                                  collection of information instruments                     Federal Reserve Board Acting                        holding companies, foreign banking
                                                  are placed into OMB’s public docket                     Clearance Officer—Mark Tokarski—                      organizations (FBOs), state member
                                                  files. The Federal Reserve may not                      Office of the Chief Data Officer, Board               banks unaffiliated with a BHC, Edge Act
                                                  conduct or sponsor, and the respondent                  of Governors of the Federal Reserve                   and agreement corporations, and
                                                  is not required to respond to, an                       System, Washington, DC 20551 (202)                    nationally chartered banks that are not
                                                  information collection that has been                    452–3829. Telecommunications Device                   controlled by a BHC (with regard to
                                                  extended, revised, or implemented on or                 for the Deaf (TDD) users may contact                  their foreign investments only).
                                                  after October 1, 1995, unless it displays               (202) 263–4869, Board of Governors of                    Estimated annual reporting hours: FR
                                                  a currently valid OMB control number.                   the Federal Reserve System,                           Y–6: 26,477 hours; FR Y–7: 972 hours;
                                                  DATES: Comments must be submitted on                    Washington, DC 20551.                                 FR Y–10 initial: 530 hours; FR Y–10
                                                  or before May 19, 2015.                                 SUPPLEMENTARY INFORMATION:                            ongoing: 39,735 hours; FR Y–10E: 2,649
                                                  ADDRESSES: You may submit comments,                     Request for Comment on Information                    hours.
                                                  identified by FR Y–6, FR Y–7, FR Y–10,                                                                           Estimated average hours per response:
                                                                                                          Collection Proposal
                                                  or FR Y–10E, by any of the following                                                                          FR Y–6: 5.5 hours; FR Y–7: 4 hours; FR
                                                  methods:                                                  The following information collection,               Y–10 initial: 1 hour; FR Y–10 ongoing:
                                                     • Agency Web site: http://                           which is being handled under this                     2.5 hours; FR Y–10E: 0.5 hours.
                                                  www.federalreserve.gov. Follow the                      delegated authority, has received initial                Number of respondents: FR Y–6:
                                                  instructions for submitting comments at                 Board approval and is hereby published                4,814; FR Y–7: 243; FR Y–10 initial:
                                                  http://www.federalreserve.gov/apps/                     for comment. At the end of the comment                530; FR Y–10 ongoing: 5,298; FR Y–10E:
                                                  foia/proposedregs.aspx.                                 period, the proposed information                      5,298.
                                                     • Federal eRulemaking Portal: http://                collection, along with an analysis of                    General description of report: These
                                                  www.regulations.gov. Follow the                         comments and recommendations                          information collections are mandatory
                                                  instructions for submitting comments.                   received, will be submitted to the Board              as follows:
                                                     • Email: regs.comments@
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          for final approval under OMB delegated                   FR Y–6: Section 5(c)(1)(A) of the Bank
                                                  federalreserve.gov. Include OMB                         authority. Comments are invited on the                Holding Company Act (BHC Act) (12
                                                  number in the subject line of the                       following:                                            U.S.C. 1844(c)(1)(A)), sections 8(a) and
                                                  message.                                                  a. Whether the proposed collection of               13(a) of the International Banking Act
                                                     • FAX: (202) 452–3819 or (202) 452–                  information is necessary for the proper               (IBA) (12 U.S.C. 3106(a) and 3108(a)),
                                                  3102.                                                   performance of the Federal Reserve’s                  sections 11(a)(1), 25, and 25A of the
                                                     • Mail: Robert deV. Frierson,                        functions; including whether the                      Federal Reserve Act (12 U.S.C. 248(a)(1),
                                                  Secretary, Board of Governors of the                    information has practical utility;                    602, and 611a), and sections 113, 312,


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                                                  15010                           Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices

                                                  618, and 809 of the Dodd-Frank Act (12                  Loan Act (HOLA), and Regulation LL                        collection. At this time, the Federal
                                                  U.S.C. 5361, 5412, 1850a(c)(1), and                     (12 CFR part 238).                                        Reserve is not requiring an LEI to be
                                                  5468(b)(1), respectively).                                 The FR Y–7 is an annual information                    obtained for the sole purpose of
                                                     FR Y–7: Sections 8(a) and 13(a) of the               collection submitted by qualifying FBOs                   reporting the LEI on the FR Y–6, FR Y–
                                                  IBA (12 U.S.C. 3106(a) and 3108(a)) and                 to update their financial and                             7, and FR Y–10.
                                                  sections 113, 312, 618, and 809 of the                  organizational information with the                          As evident by the recent financial
                                                  Dodd-Frank Act (12 U.S.C. 5361, 5412,                   Federal Reserve. The FR Y–7 collects                      crisis, it was difficult for regulators to
                                                  1850a(c)(1), and 5468(b)(1),                            financial, organizational, and                            precisely identify parties involved in
                                                  respectively).                                          managerial information. The Federal                       financial transactions domestically and
                                                     FR Y–10 and FR Y–10E: Sections 4(k)                  Reserve uses information to assess an                     internationally. At the time, there was
                                                  and 5(c)(1)(A) of the BHC Act (12 U.S.C.                FBO’s ability to be a continuing source                   no unified global identification system
                                                  1843(k), 1844(c)(1)(A)), section 8(a) of                of strength to its U.S. operations, and to                for to link legal entities with different
                                                  the IBA (12 U.S.C. 3106(a)), sections                   determine compliance with U.S. laws                       and multiple regulators and
                                                  11(a)(1), 25(7), and 25A of the Federal                 and regulations.                                          jurisdictions. The Board and each
                                                  Reserve Act (12 U.S.C. 248(a)(1), 321,                     The FR Y–10 is an event-generated                      financial regulatory agency assigns its’
                                                  601, 602, 611a, 615, and 625), and                      information collection submitted by                       own internal primary identifier to the
                                                  sections 113, 312, 618, and 809 of the                  FBOs; top-tier HCs; security holding                      entities that it regulates, such as the
                                                  Dodd-Frank Act (12 U.S.C. 5361, 5412,                   companies as authorized under Section                     Federal Reserve’s Research Statistics
                                                  1850a(c)(1), and 5468(b)(1),                            618 of the Dodd-Frank Wall Street                         Supervision and Discount Identification
                                                  respectively).                                          Reform and Consumer Protection Act of                     (i.e., RSSD ID) number, FDIC’s
                                                     The data collected in the FR Y–6, FR                 2010 (12 U.S.C. 1850a(c)(1)); state                       Certificate number, and OCC’s Charter
                                                  Y–7, FR Y–10, and FR Y–10E are not                      member banks unaffiliated with a BHC;                     number.
                                                  considered confidential. With regard to                 Edge Act and agreement corporations                          Several years ago, the Financial
                                                  information that a banking organization                 that are not controlled by a member                       Stability Board began leading an
                                                  may deem confidential, the institution                  bank, a domestic BHC, or a FBO; and                       international initiative to implement a
                                                  may request confidential treatment of                   nationally chartered banks that are not                   global identifier system that would
                                                  such information under one or more of                   controlled by a BHC (with regard to                       uniquely identify parties to financial
                                                  the exemptions in the Freedom of                        their foreign investments only) to                        transactions, and in January 2013, the
                                                  Information Act (FOIA) (5 U.S.C. 552).                  capture changes in their regulated                        LEI Regulatory Oversight Committee
                                                  The most likely case for confidential                   investments and activities. The Federal                   was established to oversee the Global
                                                  treatment will be based on FOIA                         Reserve uses the data to monitor                          Legal Entity Identifier System.
                                                  exemption 4, which permits an agency                    structure information on subsidiaries                     Domestically, the Financial Stability
                                                  to exempt from disclosure ‘‘trade secrets               and regulated investments of these                        Oversight Council’s Data Committee has
                                                  and commercial or financial information                 entities engaged in banking and                           encouraged U.S. financial regulators to
                                                  obtained from a person and privileged                   nonbanking activities. The FR Y–10E is                    review and incorporate LEIs in their
                                                  and confidential,’’ (5 U.S.C. 552(b)(4)).               a free-form supplement that may be                        data collections that would most benefit
                                                  To the extent an institution can                        used to collect additional structural                     for purposes of improving financial
                                                  establish the potential for substantial                 information deemed to be critical and                     stability monitoring. As the usage of LEI
                                                  competitive harm, such information                      needed in an expedited manner.                            becomes more prominent, it would
                                                  would be protected from disclosure                         Current Actions: The Federal Reserve                   enable examiners, economists, and
                                                  under the standards set forth in                        proposes to collect the Legal Entity                      financial analysts to perform improved
                                                  National Parks & Conservation                           Identifier (LEI) for all banking and                      analyses, particularly during stressed
                                                  Association v. Morton, 498 F.2d 765                     nonbanking legal entities reportable on                   market conditions, and would assist the
                                                  (D.C. Cir. 1974). Exemption 6 of FOIA                   the Banking, Non-Banking, SLHC, and                       regulatory community and the financial
                                                  might also apply with regard to the                     4K schedules (not the Branch schedules)                   services industry at large, both
                                                  respondents’ submission of non-public                   of the FR Y–10 and on the Organization                    domestically and internationally. In
                                                  personal information of owners,                         Chart section of the FR Y–6 and FR Y–                     addition, it is expected that the use of
                                                  shareholders, directors, officers and                   7. The LEI is a 20-character                              the LEI among the regulators will
                                                  employees of respondents. Exemption 6                   alphanumeric code that is universal and                   expand to facilitate better information
                                                  covers ‘‘personnel and medical files and                uniquely corresponds to a single legal                    sharing and coordination regarding
                                                  similar files the disclosure of which                   entity.1 The Federal Reserve is only                      domestic financial policy, rulemaking,
                                                  would constitute a clearly unwarranted                  proposing requiring the reporting of an                   examinations, reporting requirements,
                                                  invasion of personal privacy,’’ (5 U.S.C.               LEI if one has already been issued for                    and enforcement actions. The U.S.
                                                  552(b)(6)). All requests for confidential               the reportable entity at the time of                      Commodity Futures Trading
                                                  treatment would need to be reviewed on                                                                            Commission, the U.S. Securities and
                                                  a case-by-case basis and in response to                    1 ISO 17442:2012 defines the term ‘‘legal entities’’   Exchange Commission, and the National
                                                  a specific request for disclosure.                      to include, but is not limited to, unique parties that    Association of Insurance Commissioners
                                                     Abstract: The FR Y–6 is an annual                    are legally or financially responsible for the            have already incorporated LEI in some
                                                                                                          performance of financial transactions or have the
                                                  information collection submitted by top-                legal right in their jurisdiction to enter                of their data collections, and the
                                                  tier HCs and non-qualifying FBOs. It                    independently into legal contracts, regardless of         Consumer Financial Protection Bureau
                                                  collects financial data, an organization                whether they are incorporated or constituted in           has recently proposed replacing the
                                                                                                          some other way (e.g., all financial intermediaries,
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                                                  chart, verification of domestic branch                                                                            existing Home Mortgage Disclosure Act
                                                                                                          banks and finance companies, all entities that issue
                                                  data, and information about                             equity, debt or other securities for other capital        (HMDA) Reporter’s Identification
                                                  shareholders. The Federal Reserve uses                  structures, all entities listed on an exchange, all       number in HMDA submissions with
                                                  the data to monitor holding company                     entities under the purview of a financial regulator       LEI.2 A uniform, global LEI would assist
                                                  operations and determine holding                        and their affiliates, subsidiaries, and holding           regulators, supervisors, and public
                                                                                                          companies, counterparties to financial
                                                  company compliance with the                             transactions). It excludes natural persons, but           researchers and firms to more effectively
                                                  provisions of the BHC Act, Regulation Y                 includes governmental organizations and
                                                  (12 CFR part 225), the Home Owners’                     supranationals.                                            2 79   FR 51731.



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                                                                                  Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                          15011

                                                  measure and monitor systemic risk and                   GENERAL SERVICES                                      that are customarily offered to the
                                                  counterparty exposure, as well as                       ADMINISTRATION                                        public by vendors of supplies or
                                                  improve operational efficiencies. A                                                                           services that meet the definition of
                                                                                                          [NOTICE–MVA–2015–01; Docket No. 2015–
                                                  single global system would help support                 0002; Sequence No. 4]
                                                                                                                                                                ‘‘commercial item’’ and are intended to
                                                  the shared objective of a more stable                                                                         create a binding legal obligation on the
                                                  financial system.                                       Notice of a Class Deviation To Address                end user. Commercial Supplier
                                                                                                          Commercial Supplier Agreement                         Agreements are particularly common in
                                                     While the Federal Reserve has
                                                                                                          Terms Inconsistent With Federal Law                   information technology acquisitions,
                                                  considered retrieving LEI’s from the                                                                          including acquisitions of commercial
                                                  issuers directly, this method has been                  AGENCY:  Office of Government-wide                    computer software and commercial
                                                  deemed as ineffective since the                         Policy, General Services                              technical data, but they may apply to
                                                  associated structure data is very limited               Administration.                                       any supply or service.
                                                  at this time. Reconciling the entity’s LEI              ACTION: Request for Information (RFI).                   Customarily, commercial item
                                                  with their current structure data would                                                                       supplies and services are offered to the
                                                  be difficult and most likely result in                  SUMMARY:    The Office of Acquisition
                                                                                                          Policy is requesting feedback on a                    public under standard agreements that
                                                  inaccuracies given that so many                                                                               may take a variety of forms, including
                                                                                                          proposed class deviation to the Federal
                                                  institutions have similar attributes, such                                                                    license agreements, terms of service
                                                                                                          Acquisition Regulation (FAR) and the
                                                  as entity names. Therefore, obtaining                                                                         (TOS), terms of sale or purchase, and
                                                                                                          General Services Acquisition Regulation
                                                  the LEI directly from the reporting                     (GSAR) to address common Commercial                   similar agreements. These customary,
                                                  entity is the most reliable source to                   Supplier Agreement terms that are                     standard Commercial Supplier
                                                  accurately match an entity with the                     inconsistent with or create ambiguity                 Agreements typically contain terms and
                                                  correct LEI.                                            with Federal law. This class deviation                conditions that make sense when the
                                                     The Federal Reserve proposes to add                  will go into effect forty-five (45) days              purchaser is a private party but are
                                                  the LEI to the FR Y–6 and FR Y–7                        from the date of publication of this RFI              inappropriate when the purchaser is the
                                                  organizational chart effective with fiscal              in the Federal Register, after                        Federal Government.
                                                  year ends beginning June 30, 2015.                      considering comments received.                           The existence of Federally-
                                                                                                          DATES: Comments: Interested parties                   incompatible terms in contractors’
                                                  Submission of existing LEI information
                                                                                                          should submit written comments to the                 standard Commercial Supplier
                                                  would follow the normal FR Y–6 and FR
                                                                                                          Regulatory Secretariat Division at one of             Agreements has long been recognized in
                                                  Y–7 submission deadlines. The Federal                                                                         FAR 27.405–3(b), which is limited to
                                                  Reserve proposes a one-time                             the addresses shown below on or before
                                                                                                          April 20, 2015.                                       the acquisition of commercial computer
                                                  information collection to populate                                                                            software. This clause advises
                                                  existing LEI data for all FR Y–10                       ADDRESSES: Submit comments in
                                                                                                          response to Notice—MVA–2015–01 by                     contracting officers to exercise caution
                                                  reportable entities (excluding branches),                                                                     when accepting a contractor’s terms and
                                                  as of June 30, 2015. Respondents would                  any of the following methods:
                                                                                                             • Regulations.gov: http://                         conditions. However, the use of
                                                  submit this information no later than                                                                         Commercial Supplier Agreements is not
                                                                                                          www.regulations.gov. Submit comments
                                                  September 30, 2015. LEIs issued after                                                                         limited to information technology
                                                                                                          via the Federal eRulemaking portal by
                                                  June 30, 2015, should be reported on the                searching for ‘‘Notice—MVA–2015–01’’.                 acquisitions; Commercial Supplier
                                                  appropriate FR Y–10 schedules. For all                  Select the link ‘‘Comment Now’’ that                  Agreements have become ubiquitous in
                                                  LEIs assigned between June 30, 2015,                    corresponds with ‘‘Notice—MVA–2015–                   a broad variety of contexts, from travel
                                                  and September 30, 2015, information                     01’’ and follow the instructions                      to telecommunications to financial
                                                  must be received at the appropriate                     provided on the screen. Please include                services to building maintenance
                                                  Federal Reserve Bank by October 30,                     your name, company name (if any), and                 systems, including purchases below the
                                                  2015. The Federal Reserve would                         ‘‘Notice—MVA–2015–01’’ on your                        simplified acquisition threshold.
                                                  provide a means for institutions to                     attached document.                                       Discrepancies between Commercial
                                                  provide their one-time submission data                     • Mail: General Services                           Supplier Agreements and Federal law or
                                                  in a format easier than individual FR Y–                Administration, Regulatory Secretariat                the Government’s needs create recurrent
                                                  10 submissions.                                         (MVCB), ATTN: Ms. Flowers/Notice—                     points of inconsistency. Below are
                                                                                                          MVA–2015–01, 1800 F Street NW., 2nd                   several examples of incompatible
                                                     Question: Comments are invited on                                                                          clauses that are commonly found in
                                                                                                          Floor, Washington, DC 20405–0001.
                                                  whether collecting existing LEI                            Instructions: Please submit comments               Commercial Supplier Agreements:
                                                  information only from entities that are                 only and cite Notice—MVA–2015–01 in                      • Jurisdiction or venue clauses may
                                                  reportable on the FR Y–10 would be                      all correspondence related to this case.              require that disputes be resolved in a
                                                  sufficient rather than collecting LEI                   All comments received will be posted                  particular state or Federal court. Such
                                                  information from all entities reportable                without change to http://                             clauses conflict with the sovereign
                                                  on the FR Y–6 and FR Y–7                                www.regulations.gov, including any                    immunity of the US Government and
                                                  organizational charts.                                  personal and/or business confidential                 cannot apply to litigation where the US
                                                    Board of Governors of the Federal Reserve             information provided.                                 Government is a defendant because
                                                  System, March 16, 2015.                                 FOR FURTHER INFORMATION CONTACT: Mr.                  those disputes must be heard either in
                                                  Robert deV. Frierson,                                   James Tsujimoto, Program Analyst,                     US District Court (28 U.S.C. 1346) or the
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                                                                                                          Acquisition Policy Division, at                       US Court of Federal Claims (28 U.S.C.
                                                  Secretary of the Board.
                                                                                                          telephone 202–208–3585 or email                       1491).
                                                  [FR Doc. 2015–06363 Filed 3–19–15; 8:45 am]
                                                                                                          james.tsujimoto@gsa.gov.                                 • Automatic renewal clauses may
                                                  BILLING CODE 6210–01–P
                                                                                                          SUPPLEMENTARY INFORMATION:                            automatically renew or extend contracts
                                                                                                                                                                unless affirmative action is taken by the
                                                                                                          Background                                            Government. Such clauses that require
                                                                                                            GSA defines Commercial Supplier                     the obligation of funds prior to
                                                                                                          Agreements as terms and conditions                    appropriation violate the restrictions of


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Document Created: 2015-12-18 11:34:49
Document Modified: 2015-12-18 11:34:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionThe Federal Reserve proposes to collect the Legal Entity Identifier (LEI) for all banking and nonbanking legal entities reportable on the Banking, Non-Banking, SLHC, and 4K schedules (not the Branch schedules) of the FR Y-10 and on the Organization Chart section of the FR Y-6 and FR Y-7. The LEI is a 20-character alphanumeric code that is universal and uniquely corresponds to a single legal entity.\1\ The Federal Reserve is only proposing requiring the reporting of an LEI if one has already been issued for the reportable entity at the time of collection. At this time, the Federal Reserve is not requiring an LEI to be obtained for the sole purpose of reporting the LEI on the FR Y-6, FR Y-7, and FR Y-10.
DatesComments must be submitted on or before May 19, 2015.
ContactA copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http:// www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.
FR Citation80 FR 15009 

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