80 FR 67401 - Agency Information Collection Activities: Submission for OMB Review; Comment Request (3064-0072, -0093, -0095, -0117, -0145, -0152 & -0161)

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 80, Issue 211 (November 2, 2015)

The FDIC, 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 the renewal of existing information collections, as required by the Paperwork Reduction Act of 1995. The FDIC recently requested comment for 60 days on proposals to renew the information collections described below. Only one comment was received, as explained below. The FDIC hereby gives notice of its plan to submit to OMB a request to approve the renewal of these information collections, and again invites comment on these renewals.

[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67401-67403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27836]


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FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request (3064-0072, -0093, -0095, -0117, -0145, -0152 & 
-0161)

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice and request for comment.

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SUMMARY: The FDIC, 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 the renewal of existing 
information collections, as required by the Paperwork Reduction Act of 
1995. The FDIC recently requested comment for 60 days on proposals to 
renew the information collections described below. Only one comment was 
received, as explained below. The FDIC hereby gives notice of its plan 
to submit to OMB a request to approve the renewal of these information 
collections, and again invites comment on these renewals.

DATES: Comments must be submitted on or before December 2, 2015.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     http://www.FDIC.gov/regulations/laws/federal/.
     Email: [email protected] Include the name and number of 
the collection in the subject line of the message.
     Mail: Gary A. Kuiper, Counsel, (202.898.3877) Room MB-3016 
or Manny Cabeza, Counsel, (202.898.3767), MB-3105, Federal Deposit 
Insurance Corporation, 550 17th Street NW., Washington, DC 20429.
     Hand Delivery: Comments may be hand-delivered to the guard 
station at the rear of the 17th Street Building

[[Page 67402]]

(located on F Street), on business days between 7:00 a.m. and 5:00 p.m.
    All comments should refer to the relevant OMB control number. A 
copy of the comments may also be submitted to the OMB desk officer for 
the FDIC: Office of Information and Regulatory Affairs, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Gary Kuiper or Manny Cabeza, at the 
FDIC address above.

SUPPLEMENTARY INFORMATION:
    Proposal to revise and renew the following currently-approved 
collections of information:
    1. Title: Acquisition Services Information Requirements.
    OMB Number: 3064-0072.
    Form Numbers: 3064-1600/04, 1600-07, 3700-57, 3700/04A, 3700/12, 
3700/44, 3700/59.
    Affected Public: Entities contracting with FDIC.
    Estimated Number of Respondents: 5,135.
    Estimated Average Burden per Respondent: .5 hours.
    Estimated Total Annual Burden Hours: 2,434 hours.
    General Description of Collection: This is a collection of 
information involving submission of various forms by contractors doing 
business with the FDIC.
    FDIC Form 3700/59, Fair Inclusion of Minorities and Women, is a 
contract clause implementing Section 342(c)(2) of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (12 U.S.C. 5452). The 
contract clause seeks a commitment from an FDIC Contractor to ensure, 
to the maximum extent possible consistent with applicable law, the fair 
inclusion of minorities and women in its workforce and the workforces 
of its applicable subcontractors. Further, the clause asserts the 
FDIC's right to request documentation from the Contractor that 
demonstrates the Contractor's good faith effort to include minorities 
and women in its workforce and subcontractors' workforces, and requires 
the Contractor to annually certify that it has made such good faith 
efforts.
    FDIC Form 3700/04A, Contractor Representations and Certification, 
must be completed by any offeror that responds to a solicitation for an 
award over $100,000. The Form is being revised to add two 
certifications, ``Certification Regarding Fair Inclusion of Minorities 
and Women'' and ``Representation by Corporations Regarding an Unpaid 
Delinquent Federal Tax Liability.'' The ``Certification Regarding Fair 
Inclusion of Minorities and Women'' implements Sec.  342 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5452) 
and requires an offeror to certify to its commitment to equal 
opportunity in employment and contracting and that it has made and will 
continue to make a good faith effort to ensure, to the maximum extent 
possible, the fair inclusion of minorities and women in its workforce 
and in the workforce of its applicable subcontractors. The 
``Representation by Corporations Regarding an Unpaid Delinquent Federal 
Tax Liability'' implements Section 744 of Division E, Title VII, of the 
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 
113-235)), by requiring an offeror to represent whether it is or is not 
``a corporation that has any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for collecting 
the tax liability.''
    One comment was received regarding this information collection that 
did not address the propriety of the collection of information, the 
practical utility of the information requested, or the accuracy of 
FDIC's estimate of the burden of the collection of information. The 
comment addressed policy considerations that FDIC believes are fully 
embodied in the implementing statutory provisions and the information 
and certifications requested in the forms included in the collection of 
information.
    2. Title: Notices Required of Government Securities Dealers or 
Brokers.
    OMB Number: 3064-0093.
    Form Numbers: G-FIN; G-FINW; G-FIN4; and G-FIN5.
    Affected Public: Insured state nonmember banks acting as government 
securities brokers and dealers.
    Estimated Number of Respondents: 17.
    Frequency of Response: On Occasion.
    Estimated Average Burden per Respondent: 1 hours.
    Estimated Total Annual Burden Hours: 17 hours.
    General Description of Collection: The Government Securities Act of 
1986 requires all financial institutions acting as government 
securities brokers and dealers to notify their Federal regulatory 
agencies of their broker-dealer activities, unless exempted from the 
notice requirements by Treasury Department regulation.
    3. Title: Procedures for Monitoring Bank Protection Act Compliance.
    OMB Number: 3064-0095.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 4,049.
    Estimated Average Burden per Respondent: .5 hours.
    Estimated Total Annual Burden Hours: 2,025 hours.
    General Description of Collection: The collection requires insured 
state nonmember banks to comply with the Bank Protection Act and to 
review bank security programs.
    4. Title: Mutual Stock Conversion of State Savings Banks.
    OMB Number: 3064-0117.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 15.
    Estimated Average Burden per Respondent: 250 hours.
    Estimated Total Annual Burden Hours: 3,750 hours.
    General Description of Collection: State nonmember savings bank 
must file a notice of intent to convert to stock form, and provide the 
FDIC with copies of documents filed with state and federal banking and/
or securities regulators in connection with any proposed mutual-to-
stock conversion.
    5. Title: Notice Regarding Unauthorized access to Customer 
Information.
    OMB Number: 3064-0145.
    Affected Public: Insured state nonmember banks.
    Frequency of Response: On Occasion.
    Number of FDIC-Regulated Banks that will Notify Customers: 93.
    Estimated Time per Response: 29 hours.
    Estimated Total Annual Burden Hours: 2,697 hours.
    General Description of Collection: This collection reflects the 
FDIC's expectations regarding a response program that financial 
institutions should have, to address unauthorized access to or use of 
customer information, that could result in substantial harm or 
inconvenience to a customer. The information collection requires 
financial institutions to: (1) Develop notices to customers; and (2) in 
certain circumstances, determine which customers should receive the 
notices, and to send the notices to customers.
    6. Title: ID Theft Red Flags.
    OMB Number: 3064-0152.
    Affected Public: Insured state nonmember banks.
    Estimated Number of Respondents: 4,049.
    Estimated Average Burden per Respondent: 16 hours.
    Estimated Total Annual Burden Hours: 64,784 hours.

[[Page 67403]]

    General Description of Collection: The regulation containing this 
information collection requirement is 12 CFR part 334, which implements 
sections 114 and 315 of the Fair and Accurate Credit Transactions Act 
of 2003 (FACT Act), Public Law 108-159 (2003).
    FACT Act Section 114: Section 114 requires the Agencies to jointly 
propose guidelines for financial institutions and creditors identifying 
patterns, practices, and specific forms of activity that indicate the 
possible existence of identity theft. In addition, each financial 
institution and creditor is required to establish reasonable policies 
and procedures to address the risk of identity theft that incorporate 
the guidelines. Credit card and debit card issuers must develop 
policies and procedures to assess the validity of a request for a 
change of address under certain circumstances.
    The information collections pursuant to section 114 require each 
financial institution and creditor to create an Identify Theft 
Prevention Program and report to the board of directors, a committee 
thereof, or senior management at least annually on compliance with the 
proposed regulations. In addition, staff must be trained to carry out 
the program. Each credit and debit card issuer is required to establish 
policies and procedures to assess the validity of a change of address 
request. The card issuer must notify the cardholder or use another 
means to assess the validity of the change of address.
    FACT Act Section 315: Section 315 requires the Agencies to issue 
regulations providing guidance regarding reasonable policies and 
procedures that a user of consumer reports must employ when such a user 
receives a notice of address discrepancy from a consumer reporting 
agencies. Part 334 provides such guidance. Each user of consumer 
reports must develop reasonable policies and procedures that it will 
follow when it receives a notice of address discrepancy from a consumer 
reporting agency. A user of consumer reports must furnish an address 
that the user has reasonably confirmed to be accurate to the consumer 
reporting agency from which it receives a notice of address 
discrepancy.
    The Agencies believe that the entities covered by the proposed 
regulation are already furnishing addresses that they have reasonably 
confirmed to be accurate to consumer reporting agencies from which they 
receive a notice of address discrepancy as a usual and customary 
business practice. Therefore, this requirement is not included in the 
burden estimates set out below.
    7. Title: Furnisher Information Accuracy and Integrity (FACTA 312).
    OMB Number: 3064-0161.
    Affected Public: State nonmember banks.
    Policies and Procedures:
    Estimated Number of Respondents: 4,049.
    Estimated Burden per Respondent: 40 hours (24 hours to implement 
written policies and procedures and training associated with the 
written policies and procedures; 8 hours to amend procedures for 
handling complaints received directly from consumers; and, 8 hours to 
implement the new dispute notice requirements.)
    Estimated Annual Burden: 161,960 hours (4,049 x 40 hours).
    Frivolous or Irrelevant Dispute Notices:
    Number of Frivolous or Irrelevant Dispute Notices: 88,980.
    Estimated Burden per Frivolous or Irrelevant Dispute Notice: 14 
minutes.
    Estimated Annual Burden: 20,762 hours (88,980 x 14/60).
    Total Estimated Annual Burden: 182,722 hours (161,960 hours for 
policies and procedures plus 20,762 hours for frivolous and irrelevant 
dispute notices).
    General Description of the Collection: FDIC is required by section 
312 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act) 
to issue guidelines for use by furnishers regarding the accuracy and 
the integrity of the information about consumers that they furnish to 
consumer reporting agencies, and prescribe regulations requiring 
furnishers to establish reasonable policies and procedures for 
implementing guidelines. Section 312 also requires the Agencies to 
issue regulations identifying the circumstances under which a furnisher 
must reinvestigate disputes about the accuracy of information contained 
in a consumer report based on a direct request from a consumer

Request for Comment

    Comments are invited on: (a) Whether the collections of information 
are necessary for the proper performance of the FDIC's functions, 
including whether the information has practical utility; (b) the 
accuracy of the estimates of the burden of the collections of 
information, including the validity of the methodology and assumptions 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collections of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology. All comments will become a matter of public record.

    Dated at Washington, DC, this 28th day of October 2015.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2015-27836 Filed 10-30-15; 8:45 am]
 BILLING CODE 6714-01-P