82_FR_56248 82 FR 56022 - Proposed Agency Information Collection Activities; Comment Request

82 FR 56022 - Proposed Agency Information Collection Activities; Comment Request

FEDERAL RESERVE SYSTEM

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range56022-56023
FR Document2017-25499

The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, without revision, the Recordkeeping and Disclosure Requirements Associated with Securities Transactions Pursuant to Regulation H (Reg H-3; OMB No. 7100-0196).

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56022-56023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25499]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice, request for comment.

-----------------------------------------------------------------------

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites comment on a proposal to extend for three years, without 
revision, the Recordkeeping and Disclosure Requirements Associated with 
Securities Transactions Pursuant to Regulation H (Reg H-3; OMB No. 
7100-0196).

DATES: Comments must be submitted on or before January 26, 2018.

ADDRESSES: You may submit comments, identified by Reg H-3, by any of 
the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include OMB 
number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    All public comments are available from the Board's Web site at 
http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information. Public 
comments may also be viewed electronically or in paper form in Room 
3515, 1801 K Street (between 18th and 19th Streets NW.), Washington, DC 
20006 between 9:00 a.m. and 5:00 p.m. on weekdays.
    Additionally, commenters may send a copy of their comments to the 
OMB Desk Officer--Shagufta Ahmed--Office of Information and Regulatory 
Affairs, Office of Management and Budget, New

[[Page 56023]]

Executive Office Building, Room 10235, 725 17th Street NW., Washington, 
DC 20503 or by fax to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission, 
including the proposed reporting form and instructions, supporting 
statement, and other documentation will be placed into OMB's public 
docket files, once approved. These documents will also be made 
available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested 
from the agency clearance officer, whose name appears below.
    Federal Reserve Board Clearance Officer--Nuha Elmaghrabi--Office of 
the Chief Data Officer, Board of Governors of the Federal Reserve 
System, Washington, DC 20551, (202) 452-3829. Telecommunications Device 
for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors 
of the Federal Reserve System, Washington, DC 20551.

SUPPLEMENTARY INFORMATION: On June 15, 1984, the Office of Management 
and Budget (OMB) delegated to the Board authority under the Paperwork 
Reduction Act (PRA) to approve of and assign OMB control numbers to 
collection of information requests and requirements conducted or 
sponsored by the Board. In exercising this delegated authority, the 
Board is directed to take every reasonable step to solicit comment. In 
determining whether to approve a collection of information, the Board 
will consider all comments received from the public and other agencies.

Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information 
collection, which is being reviewed under authority delegated by the 
OMB under the PRA. Comments are invited on the following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Federal Reserve's functions; including 
whether the information has practical utility;
    b. The accuracy of the Federal Reserve's estimate of the burden of 
the proposed information collection, including the validity of the 
methodology and assumptions used;
    c. Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    d. Ways to minimize the burden of information collection on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    e. Estimates of capital or startup costs and costs of operation, 
maintenance, and purchase of services to provide information.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the Federal 
Reserve should modify the proposal prior to giving final approval.

Proposal To Approve Under OMB Delegated Authority the Extension for 
Three Years, Without Revision, of the Following Report

    Report title: Recordkeeping and Disclosure Requirements Associated 
with Securities Transactions Pursuant to Regulation H.
    Agency form number: Reg H-3.
    OMB control number: 7100-0196.
    Frequency: Event-generated.
    Respondents: State member banks.
    Estimated number of respondents: State member banks (de novo): 1; 
state member banks with trust departments: 228; state member banks 
without trust departments: 601.
    Estimated average hours per response: State member banks (de novo): 
recordkeeping, 40 hours. State member banks with trust departments: 
recordkeeping, 2 hours; disclosure, 16 hours. State member banks 
without trust departments: recordkeeping, 15 minutes; disclosure, 5 
hours.
    Estimated annual burden hours: State member banks (de novo): 
recordkeeping, 40 hours. State member banks with trust departments: 
recordkeeping, 12,768 hours; disclosure, 43,776 hours. State member 
banks without trust departments: recordkeeping, 4,207 hours; 
disclosure, 36,060 hours.
    General description of report: These recordkeeping and disclosure 
requirements are pursuant to Sections 208.34(c), (d), and (g) of the 
Board's Regulation H, which require that state member banks effecting 
securities transactions for customers establish and maintain a system 
of records of these transactions, furnish confirmations of transactions 
to customers that disclose certain information, and establish written 
policies and procedures relating to securities trading. State member 
banks are required to maintain records created per these requirements 
for three years following a securities transaction. These requirements 
are necessary to protect the customer, to avoid or settle customer 
disputes, and to protect the institution against potential liability 
arising under the anti-fraud and insider trading provisions of the 
Securities Exchange Act of 1934 (``Securities Exchange Act'').
    Legal authorization and confidentiality: The Board has determined 
that the Regulation H requirements are authorized by Section 23 of the 
Securities Exchange Act, 15 U.S.C. 78w, which empowers the Board to 
make rules and regulations implementing those portions of the 
Securities Exchange Act for which it is responsible. The requirements 
of 12 CFR 208.34(c), (d), and (g) also are impliedly authorized by 
Section 9 of the Federal Reserve Act (12 U.S.C. 321-328a), which 
establishes the Board's supervisory authority with respect to the 
safety and soundness of state member banks. Accordingly, the Board is 
authorized to impose these recordkeeping, disclosure, and policy 
establishment requirements. The obligation of a state member bank to 
comply with the Regulation H requirements is mandatory, save for the 
limited exceptions set forth in 12 CFR 208.34(a).
    Inasmuch as the Board does not collect or receive any information 
concerning securities transactions pursuant to these requirements, no 
issues of confidentiality normally will arise. If, however, these 
records were to come into the possession of the Board, they may be 
protected from disclosure pursuant to exemption 4 of the Freedom of 
Information Act (``FOIA''), 5 U.S.C. 552(b)(4), under the standards set 
forth in National Parks & Conservation Ass'n v. Morton, 498 F.2d 765 
(D.C. Cir. 1974), to the extent an institution can establish the 
potential for substantial competitive harm. They also may be subject to 
withholding under FOIA exemption 6, 5 U.S.C. 552(b)(6), should 
disclosure constitute an unwarranted invasion of personal privacy.
    Additionally, if such information were included in the work papers 
of System examiners or abstracted in System reports of examination, the 
information also may be protected under exemption 8 of FOIA, 5 U.S.C. 
552(b)(8). Any withholding determination would be made on a case-by-
case basis in response to a specific request for disclosure of the 
information.

    Board of Governors of the Federal Reserve System, November 21, 
2017.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2017-25499 Filed 11-24-17; 8:45 am]
 BILLING CODE 6210-01-P



                                                    56022                      Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:                        company (SLHC) or any of its                            Board of Governors of the Federal Reserve
                                                    Federal Reserve Board Clearance                         subsidiaries without the written consent              System, November 21, 2017.
                                                    Officer—Nuha Elmaghrabi—Office of                       of the Board. In order for such a person              Ann E. Misback,
                                                    the Chief Data Officer, Board of                        to participate in the conduct of the                  Secretary of the Board.
                                                    Governors of the Federal Reserve                        affairs of any SLHC, the SLHC or the                  [FR Doc. 2017–25498 Filed 11–24–17; 8:45 am]
                                                    System, Washington, DC 20551 (202)                      individual must file an application                   BILLING CODE 6210–01–P
                                                    452–3829. Telecommunications Device                     seeking to obtain an exemption from the
                                                    for the Deaf (TDD) users may contact                    Board. The Board will use any
                                                    (202) 263–4869, Board of Governors of                   information provided by the applicant                 FEDERAL RESERVE SYSTEM
                                                    the Federal Reserve System,                             when considering an exemption request
                                                    Washington, DC 20551.                                                                                         Proposed Agency Information
                                                                                                            concerning a prohibited person. Such                  Collection Activities; Comment
                                                       OMB Desk Officer—Shagufta
                                                                                                            considerations will include, but are not              Request
                                                    Ahmed—Office of Information and
                                                    Regulatory Affairs, Office of                           limited to, whether the prohibited
                                                                                                            person would participate in the major                 AGENCY: Board of Governors of the
                                                    Management and Budget, New
                                                                                                            policymaking functions of the SLHC or                 Federal Reserve System.
                                                    Executive Office Building, Room 10235,
                                                                                                            would threaten the safety and                         ACTION: Notice, request for comment.
                                                    725 17th Street NW., Washington, DC
                                                    20503 or by fax to (202) 395–6974.                      soundness of any subsidiary insured
                                                                                                                                                                  SUMMARY:   The Board of Governors of the
                                                    SUPPLEMENTARY INFORMATION: On June                      depository institution of the SLHC or
                                                                                                                                                                  Federal Reserve System (Board) invites
                                                    15, 1984, the Office of Management and                  the public confidence in the insured
                                                                                                                                                                  comment on a proposal to extend for
                                                    Budget (OMB) delegated to the Board                     depository institution.                               three years, without revision, the
                                                    authority under the Paperwork                              Legal authorization and                            Recordkeeping and Disclosure
                                                    Reduction Act (PRA) to approve of and                   confidentiality: The Board has                        Requirements Associated with
                                                    assign OMB control numbers to                           determined that this information                      Securities Transactions Pursuant to
                                                    collection of information requests and                  collection is authorized by section                   Regulation H (Reg H–3; OMB No. 7100–
                                                    requirements conducted or sponsored                     19(e)(2) of the FDI Act, which states that            0196).
                                                    by the Board. Board-approved                            the ‘‘Board . . . may provide                         DATES: Comments must be submitted on
                                                    collections of information are                          exemptions [from the prohibition] by                  or before January 26, 2018.
                                                    incorporated into the official OMB                      regulation or order . . . if the exemption            ADDRESSES: You may submit comments,
                                                    inventory of currently approved                         is consistent with the purposes of this               identified by Reg H–3, by any of the
                                                    collections of information. Copies of the               subsection’’ (12 U.S.C. 1829(e)(2)). The              following methods:
                                                    Paperwork Reduction Act Submission,                     Board exercises general supervision                     • Agency Web site: http://
                                                    supporting statements and approved                                                                            www.federalreserve.gov. Follow the
                                                                                                            over SLHCs, which includes
                                                    collection of information instrument(s)                                                                       instructions for submitting comments at
                                                                                                            examination authority and the
                                                    are placed into OMB’s public docket                                                                           http://www.federalreserve.gov/apps/
                                                    files. The Federal Reserve may not                      imposition of reporting and
                                                                                                            recordkeeping requirements (12 U.S.C.                 foia/proposedregs.aspx.
                                                    conduct or sponsor, and the respondent                                                                          • Federal eRulemaking Portal: http://
                                                    is not required to respond to, an                       1467a(b)(2)). This information collection
                                                                                                            is required in order for prohibited                   www.regulations.gov. Follow the
                                                    information collection that has been                                                                          instructions for submitting comments.
                                                    extended, revised, or implemented on or                 persons to obtain the benefit of
                                                                                                            becoming, or continuing service as, an                  • Email: regs.comments@
                                                    after October 1, 1995, unless it displays                                                                     federalreserve.gov. Include OMB
                                                    a currently valid OMB control number.                   institution-affiliated party of an SLHC,
                                                                                                                                                                  number in the subject line of the
                                                                                                            and for an SLHC to permit that
                                                    Final Approval Under OMB Delegated                                                                            message.
                                                                                                            prohibited person to engage in any                      • Fax: (202) 452–3819 or (202) 452–
                                                    Authority of the Extension for Three                    conduct or continue any relationship
                                                    Years, Without Revision, of the                                                                               3102.
                                                                                                            prohibited by section 19(e) of the FDI                  • Mail: Ann E. Misback, Secretary,
                                                    Following Report
                                                                                                            Act.                                                  Board of Governors of the Federal
                                                      Report title: Application for                                                                               Reserve System, 20th Street and
                                                                                                               Some or all of the information
                                                    Exemption from Prohibited Service at                                                                          Constitution Avenue NW., Washington,
                                                                                                            submitted may be withheld pursuant to
                                                    Savings and Loan Holding Companies.                                                                           DC 20551.
                                                      Agency form number: FR LL–12.                         sections (b)(4), (b)(6), and (b)(8) of the
                                                      OMB control number: 7100–0338.                        Freedom of Information Act (5 U.S.C.                     All public comments are available
                                                      Frequency: On occasion.                               552(b)(4), (b)(6), (b)(8)). The                       from the Board’s Web site at http://
                                                      Respondents: Individuals and savings                  applicability of these exemptions would               www.federalreserve.gov/apps/foia/
                                                    and loan holding companies.                             need to be determined on a case-by-case               proposedregs.aspx as submitted, unless
                                                      Estimated number of respondents: 15.                  basis.                                                modified for technical reasons.
                                                      Estimated average hours per response:                                                                       Accordingly, your comments will not be
                                                                                                               Current actions: On July 24, 2017, the             edited to remove any identifying or
                                                    16.
                                                      Estimated annual burden hours: 240.                   Board published a notice in the Federal               contact information. Public comments
                                                      General description of report: The                    Register (82 FR 34311) requesting                     may also be viewed electronically or in
                                                                                                            public comment for 60 days on the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Federal Deposit Insurance (FDI) Act and                                                                       paper form in Room 3515, 1801 K Street
                                                    Regulation LL (12 CFR part 238)                         extension, without revision, of the                   (between 18th and 19th Streets NW.),
                                                    prohibit individuals who have been                      Application for Exemption from                        Washington, DC 20006 between 9:00
                                                    convicted of certain criminal offenses or               Prohibited Service at Savings and Loan                a.m. and 5:00 p.m. on weekdays.
                                                    who have agreed to enter into a pretrial                Holding Companies. The comment                           Additionally, commenters may send a
                                                    diversion or similar program in                         period for this notice expired on                     copy of their comments to the OMB
                                                    connection with a prosecution for such                  September 22, 2017. The Board did not                 Desk Officer—Shagufta Ahmed—Office
                                                    criminal offenses from participating in                 receive any comments. The extension                   of Information and Regulatory Affairs,
                                                    the affairs of a savings and loan holding               will be implemented as proposed.                      Office of Management and Budget, New


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                                                                               Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices                                                 56023

                                                    Executive Office Building, Room 10235,                    e. Estimates of capital or startup costs               Legal authorization and
                                                    725 17th Street NW., Washington, DC                     and costs of operation, maintenance,                  confidentiality: The Board has
                                                    20503 or by fax to (202) 395–6974.                      and purchase of services to provide                   determined that the Regulation H
                                                    FOR FURTHER INFORMATION CONTACT: A                      information.                                          requirements are authorized by Section
                                                    copy of the PRA OMB submission,                           At the end of the comment period, the               23 of the Securities Exchange Act, 15
                                                    including the proposed reporting form                   comments and recommendations                          U.S.C. 78w, which empowers the Board
                                                    and instructions, supporting statement,                 received will be analyzed to determine                to make rules and regulations
                                                    and other documentation will be placed                  the extent to which the Federal Reserve               implementing those portions of the
                                                    into OMB’s public docket files, once                    should modify the proposal prior to                   Securities Exchange Act for which it is
                                                    approved. These documents will also be                  giving final approval.                                responsible. The requirements of 12
                                                    made available on the Federal Reserve                                                                         CFR 208.34(c), (d), and (g) also are
                                                                                                            Proposal To Approve Under OMB
                                                    Board’s public Web site at: http://                                                                           impliedly authorized by Section 9 of the
                                                                                                            Delegated Authority the Extension for
                                                    www.federalreserve.gov/apps/
                                                                                                            Three Years, Without Revision, of the                 Federal Reserve Act (12 U.S.C. 321–
                                                    reportforms/review.aspx or may be
                                                                                                            Following Report                                      328a), which establishes the Board’s
                                                    requested from the agency clearance
                                                    officer, whose name appears below.                         Report title: Recordkeeping and                    supervisory authority with respect to
                                                      Federal Reserve Board Clearance                       Disclosure Requirements Associated                    the safety and soundness of state
                                                    Officer—Nuha Elmaghrabi—Office of                       with Securities Transactions Pursuant to              member banks. Accordingly, the Board
                                                    the Chief Data Officer, Board of                        Regulation H.                                         is authorized to impose these
                                                    Governors of the Federal Reserve                           Agency form number: Reg H–3.                       recordkeeping, disclosure, and policy
                                                    System, Washington, DC 20551, (202)                        OMB control number: 7100–0196.                     establishment requirements. The
                                                    452–3829. Telecommunications Device                        Frequency: Event-generated.                        obligation of a state member bank to
                                                    for the Deaf (TDD) users may contact                       Respondents: State member banks.                   comply with the Regulation H
                                                    (202) 263–4869, Board of Governors of                      Estimated number of respondents:                   requirements is mandatory, save for the
                                                    the Federal Reserve System,                             State member banks (de novo): 1; state                limited exceptions set forth in 12 CFR
                                                    Washington, DC 20551.                                   member banks with trust departments:                  208.34(a).
                                                    SUPPLEMENTARY INFORMATION: On June                      228; state member banks without trust                    Inasmuch as the Board does not
                                                    15, 1984, the Office of Management and                  departments: 601.                                     collect or receive any information
                                                    Budget (OMB) delegated to the Board                        Estimated average hours per response:              concerning securities transactions
                                                    authority under the Paperwork                           State member banks (de novo):                         pursuant to these requirements, no
                                                    Reduction Act (PRA) to approve of and                   recordkeeping, 40 hours. State member
                                                    assign OMB control numbers to                                                                                 issues of confidentiality normally will
                                                                                                            banks with trust departments:                         arise. If, however, these records were to
                                                    collection of information requests and                  recordkeeping, 2 hours; disclosure, 16
                                                    requirements conducted or sponsored                                                                           come into the possession of the Board,
                                                                                                            hours. State member banks without trust               they may be protected from disclosure
                                                    by the Board. In exercising this                        departments: recordkeeping, 15
                                                    delegated authority, the Board is                                                                             pursuant to exemption 4 of the Freedom
                                                                                                            minutes; disclosure, 5 hours.
                                                    directed to take every reasonable step to                                                                     of Information Act (‘‘FOIA’’), 5 U.S.C.
                                                                                                               Estimated annual burden hours: State
                                                    solicit comment. In determining                                                                               552(b)(4), under the standards set forth
                                                                                                            member banks (de novo): recordkeeping,
                                                    whether to approve a collection of                      40 hours. State member banks with trust               in National Parks & Conservation Ass’n
                                                    information, the Board will consider all                departments: recordkeeping, 12,768                    v. Morton, 498 F.2d 765 (D.C. Cir. 1974),
                                                    comments received from the public and                   hours; disclosure, 43,776 hours. State                to the extent an institution can establish
                                                    other agencies.                                         member banks without trust                            the potential for substantial competitive
                                                    Request for Comment on Information                      departments: recordkeeping, 4,207                     harm. They also may be subject to
                                                    Collection Proposal                                     hours; disclosure, 36,060 hours.                      withholding under FOIA exemption 6, 5
                                                                                                               General description of report: These               U.S.C. 552(b)(6), should disclosure
                                                      The Board invites public comment on                                                                         constitute an unwarranted invasion of
                                                    the following information collection,                   recordkeeping and disclosure
                                                                                                            requirements are pursuant to Sections                 personal privacy.
                                                    which is being reviewed under
                                                    authority delegated by the OMB under                    208.34(c), (d), and (g) of the Board’s                   Additionally, if such information
                                                    the PRA. Comments are invited on the                    Regulation H, which require that state                were included in the work papers of
                                                    following:                                              member banks effecting securities                     System examiners or abstracted in
                                                      a. Whether the proposed collection of                 transactions for customers establish and              System reports of examination, the
                                                    information is necessary for the proper                 maintain a system of records of these                 information also may be protected
                                                    performance of the Federal Reserve’s                    transactions, furnish confirmations of                under exemption 8 of FOIA, 5 U.S.C.
                                                    functions; including whether the                        transactions to customers that disclose               552(b)(8). Any withholding
                                                    information has practical utility;                      certain information, and establish
                                                                                                                                                                  determination would be made on a case-
                                                      b. The accuracy of the Federal                        written policies and procedures relating
                                                                                                                                                                  by-case basis in response to a specific
                                                    Reserve’s estimate of the burden of the                 to securities trading. State member
                                                                                                                                                                  request for disclosure of the
                                                    proposed information collection,                        banks are required to maintain records
                                                                                                            created per these requirements for three              information.
                                                    including the validity of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    methodology and assumptions used;                       years following a securities transaction.               Board of Governors of the Federal Reserve
                                                      c. Ways to enhance the quality,                       These requirements are necessary to                   System, November 21, 2017.
                                                    utility, and clarity of the information to              protect the customer, to avoid or settle              Ann E. Misback,
                                                    be collected;                                           customer disputes, and to protect the                 Secretary of the Board.
                                                      d. Ways to minimize the burden of                     institution against potential liability               [FR Doc. 2017–25499 Filed 11–24–17; 8:45 am]
                                                    information collection on respondents,                  arising under the anti-fraud and insider
                                                                                                                                                                  BILLING CODE 6210–01–P
                                                    including through the use of automated                  trading provisions of the Securities
                                                    collection techniques or other forms of                 Exchange Act of 1934 (‘‘Securities
                                                    information technology; and                             Exchange Act’’).


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Document Created: 2017-11-25 01:08:40
Document Modified: 2017-11-25 01:08:40
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, request for comment.
DatesComments must be submitted on or before January 26, 2018.
ContactA copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http:// www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.
FR Citation82 FR 56022 

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