83_FR_61868 83 FR 61637 - Proposed Agency Information Collection Activities; Comment Request

83 FR 61637 - Proposed Agency Information Collection Activities; Comment Request

FEDERAL RESERVE SYSTEM

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61637-61638
FR Document2018-26088

The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, without revision, the Recordkeeping Provisions Associated with the Guidance on Sound Incentive Compensation Policies (FR 4027; OMB No. 7100-0327).

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61637-61638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26088]


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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 Provisions Associated with the Guidance on 
Sound Incentive Compensation Policies (FR 4027; OMB No. 7100-0327).

DATES: Comments must be submitted on or before January 29, 2019.

ADDRESSES: You may submit comments, identified by FR 4027, by any of 
the following methods:
     Agency website: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/
apps/foia/proposedregs.aspx.
     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 website 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 NW (between 18th and 19th Streets NW), Washington, 
DC 20006 between 9 a.m. and 5 p.m. on weekdays. For security reasons, 
the Board requires that visitors make an appointment to inspect 
comments. You may do so by calling (202) 452-3684. Upon arrival, 
visitors will be required to present valid government-issued photo 
identification and to submit to security screening in order to inspect 
and photocopy comments.
    Additionally, commenters may send a copy of their comments to the 
OMB Desk Officer--Shagufta Ahmed--Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, Room 10235, 725 17th Street NW, Washington, DC 20503, or by 
fax to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission, 
including the proposed reporting form and instructions, supporting 
statement, and other documentation will be placed into OMB's public 
docket files, if approved. These documents will also be made available 
on the Board's public website 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 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 Board's functions, including whether the 
information has practical utility;
    b. The accuracy of the Board'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,

[[Page 61638]]

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 Board 
should modify the proposal.

Proposal Under OMB Delegated Authority To Extend for Three Years, 
Without Revision, the Following Information Collection

    Report title: Recordkeeping Provisions Associated with the Guidance 
on Sound Incentive Compensation Policies.
    Agency form number: FR 4027.
    OMB control number: 7100-0327.
    Frequency: Annual.
    Respondents: Banking organizations.
    Estimated number of respondents: One-time implementation for large 
institutions: 1; one-time implementation for small institutions: 1; 
ongoing maintenance: 5,503.
    Estimated average hours per response: One-time implementation for 
large institutions: 480; one-time implementation for small 
institutions: 80; ongoing maintenance: 40.
    Estimated annual burden hours: 228,960.
    General description of report:

Compatibility With Effective Controls and Risk Management

    Pursuant to Principle 2 of the Guidance, a banking organization's 
risk-management processes and internal controls should reinforce and 
support the development and maintenance of balanced incentive 
compensation arrangements. Principle 2 states that banking 
organizations should create and maintain sufficient documentation to 
permit an audit of the organization's processes for establishing, 
modifying, and monitoring incentive compensation arrangements. 
Additionally, large banking organizations should maintain policies and 
procedures that (i) identify and describe the role(s) of the personnel, 
business units, and control units authorized to be involved in the 
design, implementation, and monitoring of incentive compensation 
arrangements; (ii) identify the source of significant risk-related 
inputs into these processes and establish appropriate controls 
governing the development and approval of these inputs to help ensure 
their integrity; and (iii) identify the individual(s) and control 
unit(s) whose approval is necessary for the establishment of new 
incentive compensation arrangements or modification of existing 
arrangements.

Strong Corporate Governance

    Pursuant to Principle 3 of the Guidance, banking organizations 
should have strong and effective corporate governance to help ensure 
sound compensation practices. The Guidance states that a banking 
organization's board of directors should approve and document any 
material exceptions or adjustments to the organization's incentive 
compensation arrangements established for senior executives.
    Legal authorization and confidentiality: The recordkeeping 
provisions of the Guidance are authorized pursuant to sections 9, 
11(a), 25, and 25A of the Federal Reserve Act (12 U.S.C. 248(a), 325, 
602, and 625); section 5 of the Bank Holding Company Act (12 U.S.C. 
1844); section 10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 
1467a(b)(2)); section 7(c) of the International Banking Act (12 U.S.C. 
3105(c)); and section 39 of the Federal Deposit Insurance Act (12 
U.S.C. 1831p-1(c)).
    Because the recordkeeping provisions are contained within guidance, 
which is nonbinding, they are voluntary. There are no reporting forms 
associated with this information collection.
    Because the incentive compensation records would be maintained at 
each banking organization, the Freedom of Information Act (``FOIA'') 
would only be implicated if the Board obtained such records as part of 
the examination or supervision of a banking organization. In the event 
the records are obtained by the Board as part of an examination or 
supervision of a financial institution, this information is considered 
confidential pursuant to exemption 8 of the FOIA, which protects 
information contained in ``examination, operating, or condition 
reports'' obtained in the bank supervisory process (5 U.S.C. 
552(b)(8)). In addition, the information may also be kept confidential 
under exemption 4 for the FOIA, which protects commercial or financial 
information obtained from a person that is privileged or confidential 
(5 U.S.C. 552(b)(4)).
    Consultation outside the agency: The Board has consulted with the 
OCC and FDIC to confirm that there will be no revisions to the 
Guidance, and that the one-time implementation burden should be 
reduced, as these agencies do not expect any banking organizations to 
newly implement the recordkeeping requirements associated with the 
Guidance. Each agency may update their respective respondent count if 
needed.

    Board of Governors of the Federal Reserve System, November 27, 
2018.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2018-26088 Filed 11-29-18; 8:45 am]
 BILLING CODE 6210-01-P



                                                                          Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices                                           61637

                                              Regulation H require a state member                     FEDERAL RESERVE SYSTEM                                FOR FURTHER INFORMATION CONTACT:     A
                                              bank to seek prior approval of the                                                                            copy of the PRA OMB submission,
                                              Federal Reserve System before                           Proposed Agency Information                           including the proposed reporting form
                                              establishing or acquiring a domestic                    Collection Activities; Comment                        and instructions, supporting statement,
                                              branch. Such requests for approval must                 Request                                               and other documentation will be placed
                                              be filed as applications at the                         AGENCY: Board of Governors of the                     into OMB’s public docket files, if
                                              appropriate Reserve Bank for the state                  Federal Reserve System.                               approved. These documents will also be
                                              member bank. Due to the limited                                                                               made available on the Board’s public
                                                                                                      ACTION: Notice, request for comment.
                                              information that a state member bank                                                                          website at http://www.federalreserve
                                              generally has to provide for branch                     SUMMARY:   The Board of Governors of the              .gov/apps/reportforms/review
                                              proposals, there is no formal reporting                 Federal Reserve System (Board) invites                .aspx or may be requested from the
                                              form for a domestic branch application.                 comment on a proposal to extend for                   agency clearance officer, whose name
                                                                                                      three years, without revision, the                    appears below.
                                              A state member bank is required to
                                                                                                      Recordkeeping Provisions Associated                     Federal Reserve Board Clearance
                                              notify the Federal Reserve by letter of its
                                                                                                      with the Guidance on Sound Incentive                  Officer—Nuha Elmaghrabi—Office of
                                              intent to establish one or more new
                                                                                                      Compensation Policies (FR 4027; OMB                   the Chief Data Officer, Board of
                                              branches and provide with the letter                                                                          Governors of the Federal Reserve
                                              evidence that public notice of the                      No. 7100–0327).
                                                                                                      DATES: Comments must be submitted on                  System, Washington, DC 20551, (202)
                                              proposed branch(es) has been published                                                                        452–3829. Telecommunications Device
                                              by the state member bank in the                         or before January 29, 2019.
                                                                                                                                                            for the Deaf (TDD) users may contact
                                              appropriate newspaper(s).1 The Federal                  ADDRESSES: You may submit comments,
                                                                                                                                                            (202) 263–4869, Board of Governors of
                                              Reserve uses the information provided                   identified by FR 4027, by any of the
                                                                                                                                                            the Federal Reserve System,
                                              to fulfill its statutory obligation to                  following methods:
                                                                                                                                                            Washington, DC 20551.
                                              review branch applications before acting                  • Agency website: http://
                                                                                                      www.federalreserve.gov. Follow the                    SUPPLEMENTARY INFORMATION: On June
                                              on the proposals and otherwise to                                                                             15, 1984, the Office of Management and
                                                                                                      instructions for submitting comments at
                                              supervise state member banks.                                                                                 Budget (OMB) delegated to the Board
                                                                                                      http://www.federalreserve.gov/apps/
                                                 Legal authorization and                              foia/proposedregs.aspx.                               authority under the Paperwork
                                              confidentiality: The Board’s filing                       • Email: regs.comments@                             Reduction Act (PRA) to approve and
                                              requirements associated with Domestic                   federalreserve.gov. Include OMB                       assign OMB control numbers to
                                              Branch Notification are authorized                      number in the subject line of the                     collection of information requests and
                                              under section 9(3) of the Federal                       message.                                              requirements conducted or sponsored
                                              Reserve Act (12 U.S.C. 321), which                        • Fax: (202) 452–3819 or (202) 452–                 by the Board. In exercising this
                                              requires state member banks to obtain                   3102.                                                 delegated authority, the Board is
                                              Board approval before establishing a                      • Mail: Ann E. Misback, Secretary,                  directed to take every reasonable step to
                                              domestic branch (Board’s Regulation H                   Board of Governors of the Federal                     solicit comment. In determining
                                              (12 CFR 208.6)). The obligation of state                Reserve System, 20th Street and                       whether to approve a collection of
                                              member banks to request prior approval                  Constitution Avenue NW, Washington,                   information, the Board will consider all
                                                                                                      DC 20551.                                             comments received from the public and
                                              from the Federal Reserve to establish a
                                                                                                         All public comments are available                  other agencies.
                                              domestic branch is mandatory. The
                                                                                                      from the Board’s website at http://
                                              information contained in a state member                                                                       Request for Comment on Information
                                                                                                      www.federalreserve.gov/apps/foia/
                                              bank’s Domestic Branch Notification is                                                                        Collection Proposal
                                                                                                      proposedregs.aspx as submitted, unless
                                              considered public. A state member                       modified for technical reasons.                         The Board invites public comment on
                                              bank’s request that any portion(s) of a                 Accordingly, your comments will not be                the following information collection,
                                              Domestic Branch Notification be kept                    edited to remove any identifying or                   which is being reviewed under
                                              confidential pursuant to exemption 4 of                 contact information. Public comments                  authority delegated by the OMB under
                                              the Freedom of Information Act (5                       may also be viewed electronically or in               the PRA. Comments are invited on the
                                              U.S.C. 552(b)(4)) must be submitted in                  paper form in Room 3515, 1801 K Street                following:
                                              accordance with section 261.15 of the                   NW (between 18th and 19th Streets                       a. Whether the proposed collection of
                                              Board’s Rules Regarding Availability of                 NW), Washington, DC 20006 between 9                   information is necessary for the proper
                                              Information (12 CFR 261.15).                            a.m. and 5 p.m. on weekdays. For                      performance of the Board’s functions,
                                                Board of Governors of the Federal Reserve             security reasons, the Board requires that             including whether the information has
                                              System, November 27, 2018.                              visitors make an appointment to inspect               practical utility;
                                                                                                      comments. You may do so by calling                      b. The accuracy of the Board’s
                                              Michele Taylor Fennell,
                                                                                                      (202) 452–3684. Upon arrival, visitors                estimate of the burden of the proposed
                                              Assistant Secretary of the Board.                       will be required to present valid                     information collection, including the
                                              [FR Doc. 2018–26087 Filed 11–29–18; 8:45 am]            government-issued photo identification                validity of the methodology and
                                              BILLING CODE 6210–01–P                                  and to submit to security screening in                assumptions used;
                                                                                                      order to inspect and photocopy                          c. Ways to enhance the quality,
                                                                                                      comments.                                             utility, and clarity of the information to
                                                                                                         Additionally, commenters may send a                be collected;
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                                                                                                      copy of their comments to the OMB                       d. Ways to minimize the burden of
                                                1 Per Rules of Procedure (12 CFR 262), Board
                                                                                                      Desk Officer—Shagufta Ahmed—Office                    information collection on respondents,
                                              regulations require the use of newspaper for public
                                                                                                      of Information and Regulatory Affairs,                including through the use of automated
                                              notifications. For the purposes of FR 4001, the
                                              newspaper used must be in the general circulation
                                                                                                      Office of Management and Budget, New                  collection techniques or other forms of
                                              of the community or communities in which the            Executive Office Building, Room 10235,                information technology; and
                                              head office of the bank and the proposed branch are     725 17th Street NW, Washington, DC                      e. Estimates of capital or startup costs
                                              located.                                                20503, or by fax to (202) 395–6974.                   and costs of operation, maintenance,


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                                              61638                       Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices

                                              and purchase of services to provide                     have strong and effective corporate                     Board of Governors of the Federal Reserve
                                              information.                                            governance to help ensure sound                       System, November 27, 2018.
                                                At the end of the comment period, the                 compensation practices. The Guidance                  Michele Taylor Fennell,
                                              comments and recommendations                            states that a banking organization’s                  Assistant Secretary of the Board.
                                              received will be analyzed to determine                  board of directors should approve and                 [FR Doc. 2018–26088 Filed 11–29–18; 8:45 am]
                                              the extent to which the Board should                    document any material exceptions or                   BILLING CODE 6210–01–P
                                              modify the proposal.                                    adjustments to the organization’s
                                              Proposal Under OMB Delegated                            incentive compensation arrangements
                                              Authority To Extend for Three Years,                    established for senior executives.                    DEPARTMENT OF HEALTH AND
                                              Without Revision, the Following                                                                               HUMAN SERVICES
                                                                                                         Legal authorization and
                                              Information Collection                                  confidentiality: The recordkeeping                    Centers for Medicare & Medicaid
                                                Report title: Recordkeeping Provisions                provisions of the Guidance are                        Services
                                              Associated with the Guidance on Sound                   authorized pursuant to sections 9, 11(a),
                                              Incentive Compensation Policies.                                                                              [Document Identifier CMS–10691]
                                                                                                      25, and 25A of the Federal Reserve Act
                                                Agency form number: FR 4027.                          (12 U.S.C. 248(a), 325, 602, and 625);
                                                OMB control number: 7100–0327.                                                                              Agency Information Collection
                                                                                                      section 5 of the Bank Holding Company                 Activities: Proposed Collection;
                                                Frequency: Annual.
                                                Respondents: Banking organizations.                   Act (12 U.S.C. 1844); section 10(b)(2) of             Comment Request
                                                Estimated number of respondents:                      the Home Owners’ Loan Act (12 U.S.C.
                                                                                                      1467a(b)(2)); section 7(c) of the                     AGENCY: Centers for Medicare &
                                              One-time implementation for large
                                                                                                      International Banking Act (12 U.S.C.                  Medicaid Services, Department of
                                              institutions: 1; one-time implementation
                                                                                                      3105(c)); and section 39 of the Federal               Health and Human Services.
                                              for small institutions: 1; ongoing
                                                                                                      Deposit Insurance Act (12 U.S.C.                      ACTION: Notice.
                                              maintenance: 5,503.
                                                Estimated average hours per response:                 1831p–1(c)).                                          SUMMARY:    The Centers for Medicare &
                                              One-time implementation for large                          Because the recordkeeping provisions               Medicaid Services (CMS) is announcing
                                              institutions: 480; one-time                             are contained within guidance, which is               an opportunity for the public to
                                              implementation for small institutions:                                                                        comment on CMS’ intention to collect
                                                                                                      nonbinding, they are voluntary. There
                                              80; ongoing maintenance: 40.                                                                                  information from the public. Under the
                                                Estimated annual burden hours:                        are no reporting forms associated with
                                                                                                      this information collection.                          Paperwork Reduction Act of 1995 (the
                                              228,960.                                                                                                      PRA), federal agencies are required to
                                                General description of report:                           Because the incentive compensation                 publish notice in the Federal Register
                                              Compatibility With Effective Controls                   records would be maintained at each                   concerning each proposed collection of
                                              and Risk Management                                     banking organization, the Freedom of                  information (including each proposed
                                                                                                      Information Act (‘‘FOIA’’) would only                 extension or reinstatement of an existing
                                                Pursuant to Principle 2 of the
                                                                                                      be implicated if the Board obtained such              collection of information) and to allow
                                              Guidance, a banking organization’s risk-
                                                                                                      records as part of the examination or                 60 days for public comment on the
                                              management processes and internal
                                              controls should reinforce and support                   supervision of a banking organization.                proposed action. Interested persons are
                                              the development and maintenance of                      In the event the records are obtained by              invited to send comments regarding our
                                              balanced incentive compensation                         the Board as part of an examination or                burden estimates or any other aspect of
                                              arrangements. Principle 2 states that                   supervision of a financial institution,               this collection of information, including
                                              banking organizations should create and                 this information is considered                        the necessity and utility of the proposed
                                              maintain sufficient documentation to                    confidential pursuant to exemption 8 of               information collection for the proper
                                              permit an audit of the organization’s                   the FOIA, which protects information                  performance of the agency’s functions,
                                              processes for establishing, modifying,                  contained in ‘‘examination, operating,                the accuracy of the estimated burden,
                                              and monitoring incentive compensation                   or condition reports’’ obtained in the                ways to enhance the quality, utility, and
                                              arrangements. Additionally, large                       bank supervisory process (5 U.S.C.                    clarity of the information to be
                                              banking organizations should maintain                   552(b)(8)). In addition, the information              collected, and the use of automated
                                              policies and procedures that (i) identify                                                                     collection techniques or other forms of
                                                                                                      may also be kept confidential under
                                              and describe the role(s) of the                                                                               information technology to minimize the
                                                                                                      exemption 4 for the FOIA, which                       information collection burden.
                                              personnel, business units, and control                  protects commercial or financial
                                              units authorized to be involved in the                                                                        DATES: Comments must be received by
                                                                                                      information obtained from a person that
                                              design, implementation, and monitoring                                                                        January 29, 2019.
                                                                                                      is privileged or confidential (5 U.S.C.
                                              of incentive compensation                                                                                     ADDRESSES: When commenting, please
                                                                                                      552(b)(4)).
                                              arrangements; (ii) identify the source of                                                                     reference the document identifier or
                                              significant risk-related inputs into these                 Consultation outside the agency: The               OMB control number. To be assured
                                              processes and establish appropriate                     Board has consulted with the OCC and                  consideration, comments and
                                              controls governing the development and                  FDIC to confirm that there will be no                 recommendations must be submitted in
                                              approval of these inputs to help ensure                 revisions to the Guidance, and that the               any one of the following ways:
                                              their integrity; and (iii) identify the                 one-time implementation burden should                   1. Electronically. You may send your
                                              individual(s) and control unit(s) whose                 be reduced, as these agencies do not                  comments electronically to http://
                                              approval is necessary for the                           expect any banking organizations to                   www.regulations.gov. Follow the
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                                              establishment of new incentive                          newly implement the recordkeeping                     instructions for ‘‘Comment or
                                              compensation arrangements or                            requirements associated with the                      Submission’’ or ‘‘More Search Options’’
                                              modification of existing arrangements.                  Guidance. Each agency may update                      to find the information collection
                                                                                                      their respective respondent count if                  document(s) that are accepting
                                              Strong Corporate Governance                                                                                   comments.
                                                                                                      needed.
                                                Pursuant to Principle 3 of the                                                                                2. By regular mail. You may mail
                                              Guidance, banking organizations should                                                                        written comments to the following


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Document Created: 2018-11-30 04:35:19
Document Modified: 2018-11-30 04:35:19
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 29, 2019.
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, if approved. These documents will also be made available on the Board's public website at http://www.federalreserve .gov/apps/ reportforms/review .aspx or may be requested from the agency clearance officer, whose name appears below.
FR Citation83 FR 61637 

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