82_FR_49097 82 FR 48895 - Agency Information Collection Activities: Information Collection Revision; Submission for OMB Review; Comptroller's Licensing Manual

82 FR 48895 - Agency Information Collection Activities: Information Collection Revision; Submission for OMB Review; Comptroller's Licensing Manual

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48895-48898
FR Document2017-22722

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 an information collection revision, as required by the Paperwork Reduction Act of 1995 (PRA). 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 Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning a revision to its information collection titled, ``Comptroller's Licensing Manual.'' The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48895-48898]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22722]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Revision; Submission for OMB Review; Comptroller's Licensing Manual

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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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 an information 
collection revision, as required by the Paperwork Reduction Act of 1995 
(PRA).
    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 Office of Management and Budget (OMB) control number.
    The OCC is soliciting comment concerning a revision to its 
information collection titled, ``Comptroller's Licensing Manual.'' The 
OCC also is giving notice that it has sent the collection to OMB for 
review.

DATES: You should submit written comments by November 20, 2017.

ADDRESSES:  Because paper mail in the Washington, DC area and at the 
OCC is subject to delay, commenters are encouraged to submit comments 
by email, if possible. Comments may be sent to: Legislative and 
Regulatory Activities Division, Office of the

[[Page 48896]]

Comptroller of the Currency, Attention: 1557-0014, 400 7th Street SW., 
Suite 3E-218, Washington, DC 20219. In addition, comments may be sent 
by fax to (571) 465-4326 or by electronic mail to 
[email protected]. You may personally inspect and photocopy 
comments at the OCC, 400 7th 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) 649-6700 or, for 
persons who are deaf or hearing impaired, (202) 649-5597. 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.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0014, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503 or by email to oira 
[email protected].

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490 or, for persons who are deaf or hearing 
impaired, (202) 649-5597, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal 
agencies must obtain prior approval from OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party.
    The changes to this information collection include revisions to 
four interagency forms,\1\ which are being made in conjunction with the 
Board of Governors of the Federal Reserve System and the Federal 
Deposit Insurance Corporation. Those agencies will issue a separate 
joint Federal Register notice before or shortly after this notice. The 
OCC is issuing its own notice so that it may renew its entire 
collection.
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    \1\ Interagency Bank Merger Act, Interagency Biographical and 
Financial Report, Interagency Notice of Change in Control, and 
Interagency Notice of Change in Director or Senior Executive 
Officer.
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    The OCC is requesting that OMB extend approval of this collection 
as revised. The entire collection is discussed in detail in the 
``Description'' section, followed by a section highlighting the 
revisions.
    Title: Comptroller's Licensing Manual.
    OMB Control No.: 1557-0014.
    Description: The information collection requirements ensure that 
national banks and federal savings associations (FSA) (hereafter 
``bank'' or ``banks'') conduct their operations in a safe and sound 
manner and in accordance with applicable federal banking statutes and 
regulations. The information is necessary for regulatory and 
examination purposes.
    The Comptroller's Licensing Manual (Manual) sets forth the OCC's 
policies and procedures for the formation of a national bank or federal 
branch or agency, entry into the federal banking system by other 
institutions, and corporate expansion and structural changes by 
existing banks. The Manual includes sample documents to assist the 
applicant in understanding the types of information the OCC needs in 
order to process a filing. An applicant may use the format of the 
sample documents or any other format that provides sufficient 
information for the OCC to act on a particular filing, including the 
OCC's electronic filing system, the Central Application Tracking 
System.
    The Manual includes requirements for the following corporate 
filings:
     Interagency Biographical and Financial Report--OCC 
regulations require the OCC to perform background investigations on 
proposed organizers, executive officers, directors, and principal 
shareholders of banks to determine if they have the experience, 
competence, integrity, character, financial ability, and willingness to 
direct or lead a bank's affairs in a safe, sound, and legal manner. 12 
CFR 5.20, 5.50, 5.51, and 163.33; 28 CFR 16.34, and 20.33.
     Public Notice and Comments--OCC regulations require an 
applicant to publish a public notice of its filing in a newspaper of 
general circulation in the community in which the applicant proposes to 
engage in business. 12 CFR 5.8, 5.9, 5.10, 5.11, and 5.50.
     Charter--OCC must approve the establishment of a bank. The 
application includes a business plan and an oath of a bank director. 12 
CFR 5.20 and 7.2008.
     All federally-chartered savings associations are required 
to file and receive prior approval for certain changes to their charter 
and/or bylaws. The charter and bylaws of an insured FSA are formal 
documents created when a savings association establishes its corporate 
existence. The charter states the scope, purpose, and duration for the 
corporate entity. 12 CFR 5.20, 5.21, 5.22, 5.25, and 5.33.
     Banker's Bank--OCC regulations require that a banker's 
bank seeking a waiver of a statutory provision must request the waiver 
in a letter to the OCC. The letter must include information on why the 
waiver is requested and supporting legal analysis. 12 CFR 5.20.
     Conversions--Institutions must request OCC permission to 
convert to a bank. OCC regulations require that a converting financial 
institution provide information related to its request to convert its 
charter. 12 CFR 5.23 and 5.24.
     Federal Branches and Agencies--OCC regulations require 
that a foreign bank desiring to establish a federal branch or agency 
file an application or notice with the OCC. 12 CFR 5.70; 12 CFR part 
28.
     Branches and Relocations--A bank must obtain prior 
approval or give notice to the OCC to establish, acquire, or relocate a 
main office or branch. 12 CFR 5.30, 5.31, 5.40, 5.52, and 145.92; 36 
CFR 800.1 et seq.; 40 CFR 1500.1 et seq.
     Business Combinations and Failure Acquisitions--OCC 
approval is required for any merger, corporate reorganization, or 
acquisition of a failed institution that will result in a bank. 12 CFR 
5.32 and 5.33.
     Fiduciary Powers--OCC approval is required for a bank to 
exercise fiduciary powers. The request letter represents the bank's 
conformity with the governing statute and its commitment to retain 
qualified trust management. Additionally, a bank shall file a notice 
after opening a trust office in a state other than its home office 
state. 12 CFR 5.26.
     Operating Subsidiaries--OCC regulations require that a 
bank obtain OCC approval prior to establishing, acquiring, or 
performing new activities in an operating subsidiary. In certain 
instances, a national bank may file a notice after commencing an 
operating subsidiary activity. 12 CFR 5.34, 5.38, 5.39, and 5.58.
     Financial Subsidiaries--A national bank must obtain the 
approval of the OCC prior to acquiring control of, or holding an 
interest in, a financial subsidiary, and prior to commencing a new 
activity in an existing subsidiary. A national bank that intends to 
acquire control of, or hold an interest in, a financial subsidiary, or 
to commence a new activity in an existing financial

[[Page 48897]]

subsidiary, may obtain OCC approval through filing a certification with 
subsequent notice or a combined certification and notice. 12 CFR 5.39.
     Bank Service Companies--OCC regulations require that a 
bank notify the OCC prior to its investment in certain bank service 
companies. 12 CFR 5.35.
     Investments--OCC regulations require a national bank that 
wishes to invest in an agricultural credit corporation, an eligible 
savings association, or any other equity investment authorized by 
statute after February 12, 1990, to provide notice to the appropriate 
OCC district office. The regulation also requires that a national bank 
or a federal branch making a non-controlling investment, directly or 
through an operating subsidiary, file a written notice or application. 
The regulations further require an FSA making a pass-through 
investment, directly or through its operating subsidiary, to file an 
after-the-fact notice or an application. 12 CFR 5.36 and 5.58.
     Thrift Service Corporations--OCC regulations require that 
an FSA obtain OCC approval prior to establishing or acquiring a 
subsidiary or performing new activities in a thrift service 
corporation. 12 CFR 5.59.
     Annual Report--The OCC requires that each national bank 
prepare an annual report as of December 31 on its operating 
subsidiaries and file the report by January 31 of the following year. 
12 CFR 5.34.
     Branch Closings--Federal law requires a bank to notify the 
OCC if it closes a branch or if it converts a brick and mortar branch 
to an ATM branch. 12 U.S.C. 1831r-1.
     Termination of National Bank or FSA Charter--OCC 
regulations require a bank to notify the OCC of its intent to 
voluntarily liquidate, merge out, or convert out of the bank charter. 
12 CFR 5.25, 5.33(k), and 5.48.
     Capital and Dividends; Subordinated Debt--OCC regulations 
require that a bank obtain OCC approval or, in some cases, provide 
notice to the OCC in connection with a change in equity capital, an 
issuance or prepayment of subordinated debt, and the payment of 
dividends under certain circumstances. The applications are titled, 
``Increase in Permanent Capital,'' ``Reduction of Permanent Capital/
Dividends Payable in Property Other Than Cash,'' ``Reverse Stock 
Split,'' ``Quasi-Reorganization,'' ``Reduction of Permanent Capital and 
Capital Distribution,'' ``Issuance of Subordinated Debt,'' and 
``Prepayment of Subordinated Debt.'' 12 CFR 5.45, 5.46, 5.47, 5.55, 
5.56, 5.60, 5.61, 5.62, 5.63, 5.64, 5.65, 5.66, and 5.67.
     Change in Control--Any individual, group, or company that 
proposes to acquire control of a bank must submit prior notice of that 
intent to the OCC. 12 CFR 5.50.
     Change in Senior Executive Officer and Director--Whenever 
a change in control occurs, the bank must promptly report to the 
appropriate federal banking agency any changes or replacements of its 
senior executive officer or of any director occurring in the next 12-
month period. Also, prior notice and approval is required for any 
additions to the board of directors or senior executive officers if: 
The bank is not in compliance with minimum capital requirements; is 
otherwise in troubled condition; or after OCC review of the plan 
required under section 38 of the Federal Deposit Insurance Act, the OCC 
determines that prior notice is appropriate. 12 CFR 5.50(h) and 5.51.
     Director Waivers--Every national bank director must be a 
citizen of the United States and a majority of the national bank 
directors must reside in the state where the bank is located. The OCC 
may waive the requirement of citizenship for not more than a minority 
of the total number of directors and the residency requirement for a 
majority or all of the directors. A national bank may file a letter 
requesting a waiver of the citizenship or residency requirements. See 
12 U.S.C. 72.
     Change of Corporate Title and Address--OCC regulations 
require a bank that changes its corporate title or address to inform 
the OCC of that change. 12 CFR 5.42 and 5.52.
     Management Interlocks--Banks may apply to the OCC for 
exemption from the prohibitions on management interlocks that would not 
result in a monopoly or substantial lessening of competition and would 
not present safety and soundness concerns. 12 CFR 26.6.
     Customer Satisfaction Survey--This survey information is 
collected as part of the OCC's quality assurance program.
     Substantial Asset Change--OCC regulations require a bank 
to obtain prior written approval: For a change in the composition of 
all, or substantially all, of the bank's assets either through the sale 
or other disposition of assets; once having disposed of all or 
substantially all the assets, to reactivate its operations through the 
subsequent purchase, acquisition, or other expansion of its operations; 
for any other purchases, acquisitions or other expansions of operations 
that are part of a plan to increase the size of the bank by more than 
25 percent in a one year period; for any other material increase or 
decrease in the size of the bank or a material alteration in the 
composition of the types of assets or liabilities of the bank; or for 
any change in the purpose of the bank's charter. 12 CFR 5.53.

Changes to the Information Collection

    The following were updated, with burden increases only: Interagency 
Notice of Change in Control, Interagency Biographical and Financial 
Report, and Interagency Bank Merger Act Application.
    The following forms were updated with minor edits:
     Application Amendments--Updated to remove reference to 
``CAIS.''
     Authorization for Release of Information/Consent Form for 
Background Investigations--Updated to make language more clear, in 
compliance with the Fair Credit Reporting Act.
     Branches Requiring Authorization--Removed references to 
``OTS.''
     Change of Address--Added a missing check box for change in 
address of a branch.
     Other Equity Investments or Pass-Through Investments--
Corrected a typographical error.
     Individual Oath of FSA Director--Updated to correct 
typographical errors.
     Reduction of Permanent Capital/Dividends Payable in 
Property Other Than Cash--12 CFR 5.66 requires national banks to obtain 
approval before paying a dividend-in-kind. Previous revisions to the 
form inadvertently omitted applicability of the form for this use.
     Interagency Notice of Change in Director or Senior 
Executive Officer--Minor updates and further clarification of 
instructions and requirements.
    The following forms were updated to clarify the information 
requested:
     Increase in Permanent Capital Notice--Generally an FSA is 
not required to apply for an increase in capital unless the method of 
increase itself requires a filing (such as issuance of a new class of 
stock). However, in certain circumstances, a federal stock savings 
association is required to submit an application and obtain OCC 
approval. National banks are required to give notice and receive OCC 
certification.
     Interagency Biographical and Financial Report--Minor 
updates and further clarification of instructions and requirements. 
Includes additional questions related to the application review 
process, such as information on lawsuits, suspensions, tax obligations, 
and liabilities.

[[Page 48898]]

     Interagency Notice of Change in Control--Minor updates and 
further clarification of instructions and requirements. Includes 
additional questions related to the application review process, such as 
information on non-voting shares, and whether the applicant is joining 
an existing group acting in concert.
     Interagency Bank Merger Act--Updated to reflect new 
requirements under the Dodd-Frank Act,\2\ or otherwise necessary to 
evaluate statutory factors, as well as additional questions related to 
the application review process. Requests financial projections for 
three years versus the current one year.
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    \2\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, July 21, 2010.
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    The following forms were updated to delete requirements:
     Citizenship and Residency Waivers--Removed applicability 
to FSAs and clarified that only the biographical portion of the form is 
required.
     Commencement of Fiduciary Activities Notice, Fiduciary 
Powers After-the-Fact-Notice, Fiduciary Powers Application, and 
Surrender of Fiduciary Powers Notice--Removed requirement for a bank 
seal.

Additional Requested Items

    The following are additions to the collection that capture existing 
requirements:
     Conversion to National Bank Completion Certification and 
Conversion to FSA Completion Certification--Certification is submitted 
to indicate that all steps required to convert to a bank were taken, 
including execution of all documents required for organization, 
requisite shareholder or member approval, board of directors 
authorization, and adoption of bylaws. Upon receipt of the 
certification, the OCC issues the institution a new charter.
     Reduction of Permanent Capital and Capital Distribution--
Under 12 CFR 5.55, FSAs are required to obtain OCC approval before 
issuing a capital distribution under certain circumstances. The request 
is reviewed to determine whether the FSA's request is in accordance 
with existing statutory and regulatory criteria. The reporting 
requirements were previously included in OTS Form 1583. The new form 
was approved under OMB Control No. 1557-0338 and later merged into this 
collection.

Transfer of a Collection

    Investment in Bank Premises--OCC regulations require a bank to 
obtain prior approval whenever an investment in bank premises will 
cause the total investment in bank premises to exceed the amount of the 
bank's capital stock, unless the bank is eligible for the premises 
notice process set forth in 12 CFR 5.37(d)(3). 12 CFR 5.37(d)(1) and 
7.1000(c). This item has been merged into the collection covering part 
7 (OMB Control No. 1557-0204).
    Type of Review: Regular.
    Affected Public: Individuals or households; Businesses or other 
for-profit.
    Estimated Number of Respondents: 3,715.
    Estimated Total Annual Responses: 3,715.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 12,533 hours.
    The OCC issued a notice for 60 days of comment regarding this 
collection on August 4, 2017, 82 FR 36185. No comments were received. 
Comments continue to be invited on: (a) Whether the collection of 
information is necessary for the proper performance of the functions of 
the OCC, including whether the information has practical utility; (b) 
The accuracy of the OCC'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: October 16, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2017-22722 Filed 10-19-17; 8:45 am]
 BILLING CODE 4810-33-P



                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                               48895

                                                on. Also, while the commenter                           pointed specifically to the Comptroller’s             OCC, including whether the information
                                                recommended that the OCC rescind                        Handbook on Corporate and Risk                        has practical utility;
                                                appendix D, the OCC cannot rescind                      Governance (handbook), suggesting that                  (b) The accuracy of the OCC’s
                                                regulations or guidelines through the                   OCC examiners use this handbook for                   estimate of the burden of the
                                                PRA renewal process.                                    all OCC supervised banks.10 Appendix                  information collection;
                                                   The commenter also stated that the                   D only applies to banks with average                    (c) Ways to enhance the quality,
                                                collection of information for appendix D                total consolidated assets equal to or                 utility, and clarity of the information to
                                                is unnecessary and of little utility                    greater than $50 billion, banks with                  be collected;
                                                because appendix D has been ineffectual                 average total consolidated assets less                  (d) Ways to minimize the burden of
                                                in fostering enterprise risk governance                 than $50 billion when a bank’s parent                 the collection on respondents, including
                                                over large complex financial institutions               company controls at least one other                   through the use of automated collection
                                                since almost seven years after the                      bank with average total consolidated                  techniques or other forms of information
                                                introduction of the OCC’s ‘‘heightened                  assets equal to or greater than $50                   technology; and
                                                expectations’’ and three years after the                billion, and banks with average total                   (e) Estimates of capital or start-up
                                                issuance of appendix D, the OCC                         consolidated assets less than $50 billion             costs and costs of operation,
                                                continues to identify enterprise risk                   if the OCC determines that a bank’s                   maintenance, and purchase of services
                                                governance as a key risk facing large                   operations are highly complex or                      to provide information.
                                                banks in the OCC’s spring 2017                          otherwise present a heightened risk. The                Dated: October 16, 2017.
                                                Semiannual Risk Perspective.8                           handbook referenced by the commenter                  Karen Solomon,
                                                However, while appendix D is intended                   specifically notes that only banks with               Deputy Chief Counsel, Office of the
                                                to promote enterprise risk governance,                  average total consolidated assets of $50              Comptroller of the Currency.
                                                the OCC recognizes that appendix D                      billion or greater (or banks that are                 [FR Doc. 2017–22723 Filed 10–19–17; 8:45 am]
                                                cannot eliminate the possibility of all                 otherwise included as covered banks in                BILLING CODE 4810–33–P
                                                enterprise risk governance weaknesses.                  appendix D) should adhere to the
                                                The OCC believes that appendix D is a                   standards in appendix D. The handbook
                                                valuable mechanism for promoting                        includes separate and specific criteria               DEPARTMENT OF THE TREASURY
                                                sound enterprise risk governance and                    for the covered banks subject to
                                                has observed significant improvement                    appendix D. Appendix D contains                       Office of the Comptroller of the
                                                in risk governance since the adoption of                various standards that are not applied to             Currency
                                                appendix D. However, we also realize                    smaller banks. For example, appendix D
                                                that risk governance weaknesses may                     specifically provides that at least two               Agency Information Collection
                                                remain and can be a risk to the safety                  members of a covered bank’s board of                  Activities: Information Collection
                                                and soundness of banks.                                 directors should qualify as independent               Revision; Submission for OMB
                                                   The commenter also indicated that                    and provides that boards should                       Review; Comptroller’s Licensing
                                                there is a disconnect between the                       establish and adhere to a formal,                     Manual
                                                specific risks identified in the OCC’s                  ongoing training program. Appendix D                  AGENCY: Office of the Comptroller of the
                                                Semiannual Risk Perspectives and the                    also imposes specific requirements on                 Currency (OCC), Treasury.
                                                ‘‘abstract generalized’’ standards in                   covered banks’ independent risk                       ACTION: Notice and request for comment.
                                                appendix D. According to the                            management that are not applied to all
                                                commenter, appendix D does not                          OCC-regulated banks, including                        SUMMARY:   The OCC, as part of its
                                                provide standards addressing the                        requiring that banks covered by                       continuing effort to reduce paperwork
                                                specific risks identified in the                        appendix D have written risk appetite                 and respondent burden, invites the
                                                Semiannual Risk Perspectives, such as                   statements that include quantitative                  general public and other federal
                                                cyber security and Bank Secrecy Act                     limits. Additionally, the standards in                agencies to take this opportunity to
                                                (BSA) and Anti-Money Laundering risks                   appendix D are legally different than the             comment on an information collection
                                                (AML). The standards in appendix D are                  standards contained in the handbook.                  revision, as required by the Paperwork
                                                not intended to exhaustively address all                The standards in Appendix D are legally               Reduction Act of 1995 (PRA).
                                                of the risks facing OCC-regulated banks.                enforceable standards adopted pursuant                  An agency may not conduct or
                                                Indeed, there is a separate appendix to                 to section 39 of the FDIA while the                   sponsor, and a respondent is not
                                                12 CFR part 30, appendix B that                         handbook is a guidance document.                      required to respond to, an information
                                                contains standards addressing                              Type of Review: Regular review.                    collection unless it displays a currently
                                                information security. Banks are also                       Affected Public: Businesses or other               valid Office of Management and Budget
                                                subject to separate BSA and AML                         for-profit.                                           (OMB) control number.
                                                requirements.9                                             Estimated Number of Respondents:                     The OCC is soliciting comment
                                                   The commenter also expressed the                     34.                                                   concerning a revision to its information
                                                opinion that the standards in appendix                     Estimated Burden per Respondent:                   collection titled, ‘‘Comptroller’s
                                                D are not actually heightened or more                   3,776 hours.                                          Licensing Manual.’’ The OCC also is
                                                robust than the standards the OCC                          Estimated Total Annual Burden:                     giving notice that it has sent the
                                                applies to many banks with $1 billion                   128,384 hours.                                        collection to OMB for review.
                                                or more in total assets and that the                       Comments: Comments continue to be                  DATES: You should submit written
                                                reality is the OCC applies the standards                invited on:                                           comments by November 20, 2017.
srobinson on DSKBC5CHB2PROD with NOTICES




                                                in appendix D to many midsize and                          (a) Whether the collection of                      ADDRESSES: Because paper mail in the
                                                community banks. The commenter                          information is necessary for the proper               Washington, DC area and at the OCC is
                                                                                                        performance of the functions of the                   subject to delay, commenters are
                                                  8 https://www.occ.gov/publications/publications-
                                                                                                                                                              encouraged to submit comments by
                                                by-type/other-publications-reports/semiannual-risk-        10 https://www.occ.treas.gov/publications/
                                                perspective/semiannual-risk-perspective-spring-         publications-by-type/comptrollers-handbook/
                                                                                                                                                              email, if possible. Comments may be
                                                2017.pdf.                                               corporate-risk-governance/pub-ch-corporate-           sent to: Legislative and Regulatory
                                                  9 See 12 CFR part 21.                                 risk.pdf                                              Activities Division, Office of the


                                           VerDate Sep<11>2014   16:22 Oct 19, 2017   Jkt 244001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\20OCN1.SGM   20OCN1


                                                48896                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                Comptroller of the Currency, Attention:                 notice so that it may renew its entire                The charter and bylaws of an insured
                                                1557–0014, 400 7th Street SW., Suite                    collection.                                           FSA are formal documents created
                                                3E–218, Washington, DC 20219. In                           The OCC is requesting that OMB                     when a savings association establishes
                                                addition, comments may be sent by fax                   extend approval of this collection as                 its corporate existence. The charter
                                                to (571) 465–4326 or by electronic mail                 revised. The entire collection is                     states the scope, purpose, and duration
                                                to prainfo@occ.treas.gov. You may                       discussed in detail in the ‘‘Description’’            for the corporate entity. 12 CFR 5.20,
                                                personally inspect and photocopy                        section, followed by a section                        5.21, 5.22, 5.25, and 5.33.
                                                comments at the OCC, 400 7th Street                     highlighting the revisions.                              • Banker’s Bank—OCC regulations
                                                SW., Washington, DC 20219. For                             Title: Comptroller’s Licensing                     require that a banker’s bank seeking a
                                                security reasons, the OCC requires that                 Manual.                                               waiver of a statutory provision must
                                                visitors make an appointment to inspect                    OMB Control No.: 1557–0014.                        request the waiver in a letter to the OCC.
                                                comments. You may do so by calling                         Description: The information                       The letter must include information on
                                                (202) 649–6700 or, for persons who are                  collection requirements ensure that                   why the waiver is requested and
                                                deaf or hearing impaired, (202) 649–                    national banks and federal savings                    supporting legal analysis. 12 CFR 5.20.
                                                5597. Upon arrival, visitors will be                    associations (FSA) (hereafter ‘‘bank’’ or                • Conversions—Institutions must
                                                required to present valid government-                   ‘‘banks’’) conduct their operations in a              request OCC permission to convert to a
                                                issued photo identification and submit                  safe and sound manner and in                          bank. OCC regulations require that a
                                                to security screening in order to inspect               accordance with applicable federal                    converting financial institution provide
                                                and photocopy comments.                                 banking statutes and regulations. The                 information related to its request to
                                                   All comments received, including                     information is necessary for regulatory               convert its charter. 12 CFR 5.23 and
                                                attachments and other supporting                        and examination purposes.                             5.24.
                                                                                                           The Comptroller’s Licensing Manual                    • Federal Branches and Agencies—
                                                materials, are part of the public record
                                                                                                        (Manual) sets forth the OCC’s policies                OCC regulations require that a foreign
                                                and subject to public disclosure. Do not
                                                                                                        and procedures for the formation of a                 bank desiring to establish a federal
                                                include any information in your
                                                                                                        national bank or federal branch or                    branch or agency file an application or
                                                comment or supporting materials that
                                                                                                        agency, entry into the federal banking                notice with the OCC. 12 CFR 5.70; 12
                                                you consider confidential or
                                                                                                        system by other institutions, and                     CFR part 28.
                                                inappropriate for public disclosure.
                                                                                                        corporate expansion and structural                       • Branches and Relocations—A bank
                                                   Additionally, please send a copy of                                                                        must obtain prior approval or give
                                                                                                        changes by existing banks. The Manual
                                                your comments by mail to: OCC Desk                                                                            notice to the OCC to establish, acquire,
                                                                                                        includes sample documents to assist the
                                                Officer, 1557–0014, U.S. Office of                                                                            or relocate a main office or branch. 12
                                                                                                        applicant in understanding the types of
                                                Management and Budget, 725 17th                                                                               CFR 5.30, 5.31, 5.40, 5.52, and 145.92;
                                                                                                        information the OCC needs in order to
                                                Street NW., #10235, Washington, DC                                                                            36 CFR 800.1 et seq.; 40 CFR 1500.1 et
                                                                                                        process a filing. An applicant may use
                                                20503 or by email to oira submission@                                                                         seq.
                                                                                                        the format of the sample documents or
                                                omb.eop.gov.                                                                                                     • Business Combinations and Failure
                                                                                                        any other format that provides sufficient
                                                FOR FURTHER INFORMATION CONTACT:                        information for the OCC to act on a                   Acquisitions—OCC approval is required
                                                Shaquita Merritt, OCC Clearance                         particular filing, including the OCC’s                for any merger, corporate
                                                Officer, (202) 649–5490 or, for persons                 electronic filing system, the Central                 reorganization, or acquisition of a failed
                                                who are deaf or hearing impaired, (202)                 Application Tracking System.                          institution that will result in a bank. 12
                                                649–5597, Legislative and Regulatory                       The Manual includes requirements for               CFR 5.32 and 5.33.
                                                Activities Division, Office of the                      the following corporate filings:                         • Fiduciary Powers—OCC approval is
                                                Comptroller of the Currency, 400 7th                       • Interagency Biographical and                     required for a bank to exercise fiduciary
                                                Street SW., Washington, DC 20219.                       Financial Report—OCC regulations                      powers. The request letter represents the
                                                SUPPLEMENTARY INFORMATION: Under the                    require the OCC to perform background                 bank’s conformity with the governing
                                                PRA (44 U.S.C. 3501–3520), federal                      investigations on proposed organizers,                statute and its commitment to retain
                                                agencies must obtain prior approval                     executive officers, directors, and                    qualified trust management.
                                                from OMB for each collection of                         principal shareholders of banks to                    Additionally, a bank shall file a notice
                                                information that they conduct or                        determine if they have the experience,                after opening a trust office in a state
                                                sponsor. ‘‘Collection of information’’ is               competence, integrity, character,                     other than its home office state. 12 CFR
                                                defined in 44 U.S.C. 3502(3) and 5 CFR                  financial ability, and willingness to                 5.26.
                                                1320.3(c) to include agency requests or                 direct or lead a bank’s affairs in a safe,               • Operating Subsidiaries—OCC
                                                requirements that members of the public                 sound, and legal manner. 12 CFR 5.20,                 regulations require that a bank obtain
                                                submit reports, keep records, or provide                5.50, 5.51, and 163.33; 28 CFR 16.34,                 OCC approval prior to establishing,
                                                information to a third party.                           and 20.33.                                            acquiring, or performing new activities
                                                   The changes to this information                         • Public Notice and Comments—OCC                   in an operating subsidiary. In certain
                                                collection include revisions to four                    regulations require an applicant to                   instances, a national bank may file a
                                                interagency forms,1 which are being                     publish a public notice of its filing in a            notice after commencing an operating
                                                made in conjunction with the Board of                   newspaper of general circulation in the               subsidiary activity. 12 CFR 5.34, 5.38,
                                                Governors of the Federal Reserve                        community in which the applicant                      5.39, and 5.58.
                                                                                                        proposes to engage in business. 12 CFR                   • Financial Subsidiaries—A national
                                                System and the Federal Deposit
                                                                                                        5.8, 5.9, 5.10, 5.11, and 5.50.                       bank must obtain the approval of the
                                                Insurance Corporation. Those agencies
                                                                                                           • Charter—OCC must approve the                     OCC prior to acquiring control of, or
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                                                will issue a separate joint Federal
                                                                                                        establishment of a bank. The application              holding an interest in, a financial
                                                Register notice before or shortly after
                                                                                                        includes a business plan and an oath of               subsidiary, and prior to commencing a
                                                this notice. The OCC is issuing its own
                                                                                                        a bank director. 12 CFR 5.20 and 7.2008.              new activity in an existing subsidiary. A
                                                  1 Interagency Bank Merger Act, Interagency
                                                                                                           • All federally-chartered savings                  national bank that intends to acquire
                                                Biographical and Financial Report, Interagency
                                                                                                        associations are required to file and                 control of, or hold an interest in, a
                                                Notice of Change in Control, and Interagency Notice     receive prior approval for certain                    financial subsidiary, or to commence a
                                                of Change in Director or Senior Executive Officer.      changes to their charter and/or bylaws.               new activity in an existing financial


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                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                          48897

                                                subsidiary, may obtain OCC approval                     5.46, 5.47, 5.55, 5.56, 5.60, 5.61, 5.62,             period; for any other material increase
                                                through filing a certification with                     5.63, 5.64, 5.65, 5.66, and 5.67.                     or decrease in the size of the bank or a
                                                subsequent notice or a combined                            • Change in Control—Any                            material alteration in the composition of
                                                certification and notice. 12 CFR 5.39.                  individual, group, or company that                    the types of assets or liabilities of the
                                                   • Bank Service Companies—OCC                         proposes to acquire control of a bank                 bank; or for any change in the purpose
                                                regulations require that a bank notify                  must submit prior notice of that intent               of the bank’s charter. 12 CFR 5.53.
                                                the OCC prior to its investment in                      to the OCC. 12 CFR 5.50.
                                                                                                           • Change in Senior Executive Officer               Changes to the Information Collection
                                                certain bank service companies. 12 CFR
                                                5.35.                                                   and Director—Whenever a change in                        The following were updated, with
                                                   • Investments—OCC regulations                        control occurs, the bank must promptly                burden increases only: Interagency
                                                require a national bank that wishes to                  report to the appropriate federal banking             Notice of Change in Control, Interagency
                                                invest in an agricultural credit                        agency any changes or replacements of                 Biographical and Financial Report, and
                                                corporation, an eligible savings                        its senior executive officer or of any                Interagency Bank Merger Act
                                                association, or any other equity                        director occurring in the next 12-month               Application.
                                                investment authorized by statute after                  period. Also, prior notice and approval                  The following forms were updated
                                                February 12, 1990, to provide notice to                 is required for any additions to the                  with minor edits:
                                                the appropriate OCC district office. The                board of directors or senior executive                   • Application Amendments—
                                                regulation also requires that a national                officers if: The bank is not in                       Updated to remove reference to ‘‘CAIS.’’
                                                bank or a federal branch making a non-                  compliance with minimum capital                          • Authorization for Release of
                                                controlling investment, directly or                     requirements; is otherwise in troubled                Information/Consent Form for
                                                through an operating subsidiary, file a                 condition; or after OCC review of the                 Background Investigations—Updated to
                                                written notice or application. The                      plan required under section 38 of the                 make language more clear, in
                                                regulations further require an FSA                      Federal Deposit Insurance Act, the OCC                compliance with the Fair Credit
                                                making a pass-through investment,                       determines that prior notice is                       Reporting Act.
                                                                                                        appropriate. 12 CFR 5.50(h) and 5.51.                    • Branches Requiring
                                                directly or through its operating
                                                                                                           • Director Waivers—Every national                  Authorization—Removed references to
                                                subsidiary, to file an after-the-fact notice
                                                                                                        bank director must be a citizen of the                ‘‘OTS.’’
                                                or an application. 12 CFR 5.36 and 5.58.
                                                                                                        United States and a majority of the                      • Change of Address—Added a
                                                   • Thrift Service Corporations—OCC                    national bank directors must reside in                missing check box for change in address
                                                regulations require that an FSA obtain                  the state where the bank is located. The              of a branch.
                                                OCC approval prior to establishing or                   OCC may waive the requirement of                         • Other Equity Investments or Pass-
                                                acquiring a subsidiary or performing                    citizenship for not more than a minority              Through Investments—Corrected a
                                                new activities in a thrift service                      of the total number of directors and the              typographical error.
                                                corporation. 12 CFR 5.59.                               residency requirement for a majority or                  • Individual Oath of FSA Director—
                                                   • Annual Report—The OCC requires                     all of the directors. A national bank may             Updated to correct typographical errors.
                                                that each national bank prepare an                      file a letter requesting a waiver of the                 • Reduction of Permanent Capital/
                                                annual report as of December 31 on its                  citizenship or residency requirements.                Dividends Payable in Property Other
                                                operating subsidiaries and file the report              See 12 U.S.C. 72.                                     Than Cash—12 CFR 5.66 requires
                                                by January 31 of the following year. 12                    • Change of Corporate Title and                    national banks to obtain approval before
                                                CFR 5.34.                                               Address—OCC regulations require a                     paying a dividend-in-kind. Previous
                                                   • Branch Closings—Federal law                        bank that changes its corporate title or              revisions to the form inadvertently
                                                requires a bank to notify the OCC if it                 address to inform the OCC of that                     omitted applicability of the form for this
                                                closes a branch or if it converts a brick               change. 12 CFR 5.42 and 5.52.                         use.
                                                and mortar branch to an ATM branch.                        • Management Interlocks—Banks                         • Interagency Notice of Change in
                                                12 U.S.C. 1831r–1.                                      may apply to the OCC for exemption                    Director or Senior Executive Officer—
                                                   • Termination of National Bank or                    from the prohibitions on management                   Minor updates and further clarification
                                                FSA Charter—OCC regulations require a                   interlocks that would not result in a                 of instructions and requirements.
                                                bank to notify the OCC of its intent to                 monopoly or substantial lessening of                     The following forms were updated to
                                                voluntarily liquidate, merge out, or                    competition and would not present                     clarify the information requested:
                                                convert out of the bank charter. 12 CFR                 safety and soundness concerns. 12 CFR                    • Increase in Permanent Capital
                                                5.25, 5.33(k), and 5.48.                                26.6.                                                 Notice—Generally an FSA is not
                                                   • Capital and Dividends;                                • Customer Satisfaction Survey—This                required to apply for an increase in
                                                Subordinated Debt—OCC regulations                       survey information is collected as part               capital unless the method of increase
                                                require that a bank obtain OCC approval                 of the OCC’s quality assurance program.               itself requires a filing (such as issuance
                                                or, in some cases, provide notice to the                   • Substantial Asset Change—OCC                     of a new class of stock). However, in
                                                OCC in connection with a change in                      regulations require a bank to obtain                  certain circumstances, a federal stock
                                                equity capital, an issuance or                          prior written approval: For a change in               savings association is required to submit
                                                prepayment of subordinated debt, and                    the composition of all, or substantially              an application and obtain OCC
                                                the payment of dividends under certain                  all, of the bank’s assets either through              approval. National banks are required to
                                                circumstances. The applications are                     the sale or other disposition of assets;              give notice and receive OCC
                                                titled, ‘‘Increase in Permanent Capital,’’              once having disposed of all or                        certification.
                                                ‘‘Reduction of Permanent Capital/                       substantially all the assets, to reactivate              • Interagency Biographical and
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                                                Dividends Payable in Property Other                     its operations through the subsequent                 Financial Report—Minor updates and
                                                Than Cash,’’ ‘‘Reverse Stock Split,’’                   purchase, acquisition, or other                       further clarification of instructions and
                                                ‘‘Quasi-Reorganization,’’ ‘‘Reduction of                expansion of its operations; for any                  requirements. Includes additional
                                                Permanent Capital and Capital                           other purchases, acquisitions or other                questions related to the application
                                                Distribution,’’ ‘‘Issuance of                           expansions of operations that are part of             review process, such as information on
                                                Subordinated Debt,’’ and ‘‘Prepayment                   a plan to increase the size of the bank               lawsuits, suspensions, tax obligations,
                                                of Subordinated Debt.’’ 12 CFR 5.45,                    by more than 25 percent in a one year                 and liabilities.


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                                                48898                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                  • Interagency Notice of Change in                     Transfer of a Collection                              SUMMARY:    The Internal Revenue Service,
                                                Control—Minor updates and further                         Investment in Bank Premises—OCC                     as part of its continuing effort to reduce
                                                clarification of instructions and                       regulations require a bank to obtain                  paperwork and respondent burden,
                                                requirements. Includes additional                       prior approval whenever an investment                 invites the public and other Federal
                                                questions related to the application                    in bank premises will cause the total                 agencies to take this opportunity to
                                                review process, such as information on                  investment in bank premises to exceed                 comment on proposed and/or
                                                non-voting shares, and whether the                      the amount of the bank’s capital stock,               continuing information collections, as
                                                applicant is joining an existing group                  unless the bank is eligible for the                   required by the Paperwork Reduction
                                                acting in concert.                                      premises notice process set forth in 12               Act of 1995. Currently, the IRS is
                                                  • Interagency Bank Merger Act—                        CFR 5.37(d)(3). 12 CFR 5.37(d)(1) and                 soliciting comments concerning the
                                                Updated to reflect new requirements                     7.1000(c). This item has been merged                  requirements relating to Split-Dollar
                                                under the Dodd-Frank Act,2 or                           into the collection covering part 7 (OMB              Life Insurance Arrangements.
                                                otherwise necessary to evaluate                         Control No. 1557–0204).                               DATES: Written comments should be
                                                statutory factors, as well as additional                  Type of Review: Regular.                            received on or before December 19, 2017
                                                questions related to the application                      Affected Public: Individuals or                     to be assured of consideration.
                                                review process. Requests financial                      households; Businesses or other for-                  ADDRESSES: Direct all written comments
                                                projections for three years versus the                  profit.                                               to Tuawana Pinkston, Internal Revenue
                                                current one year.                                         Estimated Number of Respondents:                    Service, Room 6141, 1111 Constitution
                                                  The following forms were updated to                   3,715.                                                Avenue NW., Washington, DC 20224.
                                                delete requirements:                                      Estimated Total Annual Responses:                   Requests for additional information or
                                                                                                        3,715.                                                copies of the regulations should be
                                                  • Citizenship and Residency                                                                                 directed to R. Joseph Durbala, at Internal
                                                Waivers—Removed applicability to                          Frequency of Response: On occasion.
                                                                                                          Estimated Total Annual Burden:                      Revenue Service, Room 6129, 1111
                                                FSAs and clarified that only the                                                                              Constitution Avenue NW., Washington,
                                                biographical portion of the form is                     12,533 hours.
                                                                                                          The OCC issued a notice for 60 days                 DC 20224, or through the internet, at
                                                required.                                                                                                     RJoseph.Durbala@irs.gov.
                                                                                                        of comment regarding this collection on
                                                  • Commencement of Fiduciary                           August 4, 2017, 82 FR 36185. No                       SUPPLEMENTARY INFORMATION:
                                                Activities Notice, Fiduciary Powers                     comments were received. Comments                         Title: Split-Dollar Life Insurance
                                                After-the-Fact-Notice, Fiduciary Powers                 continue to be invited on: (a) Whether                Arrangements.
                                                Application, and Surrender of Fiduciary                 the collection of information is                         OMB Number: 1545–1792.
                                                Powers Notice—Removed requirement                       necessary for the proper performance of                  Regulation Project Number: TD 9092.
                                                for a bank seal.                                        the functions of the OCC, including                      Abstract: This document contains
                                                                                                        whether the information has practical                 final regulations related to the income,
                                                Additional Requested Items
                                                                                                        utility; (b) The accuracy of the OCC’s                employment, and gift taxation of split-
                                                   The following are additions to the                   estimate of the burden of the collection              dollar life insurance arrangements. The
                                                collection that capture existing                        of information; (c) Ways to enhance the               final regulations provide needed
                                                requirements:                                           quality, utility, and clarity of the                  guidance to persons who enter split-
                                                                                                                                                              dollar life insurance arrangements.
                                                   • Conversion to National Bank                        information to be collected; (d) Ways to
                                                                                                                                                                 Current Actions: There is no change to
                                                Completion Certification and                            minimize the burden of the collection
                                                                                                        on respondents, including through the                 the burden previously approved.
                                                Conversion to FSA Completion                                                                                     Type of Review: Extension of a
                                                Certification—Certification is submitted                use of automated collection techniques
                                                                                                        or other forms of information                         currently approved collection.
                                                to indicate that all steps required to                                                                           Affected Public: Not-for-profit
                                                convert to a bank were taken, including                 technology; and (e) Estimates of capital
                                                                                                        or startup costs and costs of operation,              institutions.
                                                execution of all documents required for                                                                          Estimated Number of Respondents:
                                                organization, requisite shareholder or                  maintenance, and purchase of services
                                                                                                        to provide information.                               115,000.
                                                member approval, board of directors                                                                              Estimated Time per Respondent: 17
                                                authorization, and adoption of bylaws.                    Dated: October 16, 2017.                            minutes.
                                                Upon receipt of the certification, the                  Karen Solomon,                                           Estimated Total Annual Burden
                                                OCC issues the institution a new                        Deputy Chief Counsel, Office of the                   Hours: 32,500.
                                                charter.                                                Comptroller of the Currency.                             The following paragraph applies to all
                                                   • Reduction of Permanent Capital                     [FR Doc. 2017–22722 Filed 10–19–17; 8:45 am]          the collections of information covered
                                                and Capital Distribution—Under 12 CFR                   BILLING CODE 4810–33–P                                by this notice:
                                                5.55, FSAs are required to obtain OCC                                                                            An agency may not conduct or
                                                approval before issuing a capital                                                                             sponsor, and a person is not required to
                                                distribution under certain                              DEPARTMENT OF THE TREASURY                            respond to, a collection of information
                                                circumstances. The request is reviewed                                                                        unless the collection of information
                                                to determine whether the FSA’s request                  Internal Revenue Service                              displays a valid OMB control number.
                                                is in accordance with existing statutory                                                                         Books or records relating to a
                                                                                                        Proposed Extension of Information                     collection of information must be
                                                and regulatory criteria. The reporting
                                                                                                        Collection Request Submitted for
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                                                requirements were previously included                                                                         retained if their contents may become
                                                                                                        Public Comment; Split-Dollar Life                     material in the administration of any
                                                in OTS Form 1583. The new form was
                                                                                                        Insurance Arrangements                                internal revenue law. Generally, tax
                                                approved under OMB Control No. 1557–
                                                0338 and later merged into this                         AGENCY: Internal Revenue Service (IRS),               returns and tax return information are
                                                collection.                                             Treasury.                                             confidential, as required by 26 U.S.C.
                                                                                                                                                              6103.
                                                                                                        ACTION: Notice and request for
                                                  2 Dodd-Frank Wall Street Reform and Consumer                                                                   Desired Focus of Comments: The
                                                                                                        comments.
                                                Protection Act, Public Law 111–203, July 21, 2010.                                                            Internal Revenue Service (IRS) is


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Document Created: 2017-10-20 00:05:55
Document Modified: 2017-10-20 00:05:55
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
ActionNotice and request for comment.
DatesYou should submit written comments by November 20, 2017.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hearing impaired, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219.
FR Citation82 FR 48895 

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