FDIC Federal Register Citations

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FEDERAL DEPOSIT INSURANCE CORPORATION

Agency Information Collection Activities: Proposed Collection
Renewals; Comment Request

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice and request for comment.

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SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other federal
agencies to take this opportunity to comment on continuing information
collections, as required by the Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35). Currently, the FDIC is soliciting comments
concerning the following continuing collections of information titled:
1. Application Pursuant to Section 19 of the Federal Deposit
Insurance Act (3064-0018);
2. Home Mortgage Disclosure Act (HMDA) (3064-0046);
3. Public Disclosure by Banks (3064-0090);
4. Notice Required of Government Securities Dealers or Brokers
(Insured State Nonmember Banks) (3064-0093);
5. Procedures for Monitoring Bank Protection Act Compliance (3064-
0095);
6. Activities and Investments of Insured State Banks (3064-0111);

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7. Foreign Banks (3064-0114);
8. Certification of Eligibility Under the Affordable Housing
Program (3064-0116);
9. Notice Regarding Unauthorized Access to Customer Information
(3064-0145);
10. Mutual-to-Stock Conversions of State Savings Banks (3064-0117);
11. Privacy of Consumer Financial Information (3064-0136); and
12. Applicant Background Questionnaire (3064-0138).

DATES: Comments must be submitted on or before July 25, 2006.

ADDRESSES: Interested parties are invited to submit written comments by
any of the following methods. All comments should refer to the name and
number of the collection:
http://www.FDIC.gov/regulations/laws/federal/propose.html.
 E-mail: comments@fdic.gov. Include the name and number of
the collection in the subject line of the message.
Mail: Gary A. Kuiper (202.898.3877), Counsel, Federal
Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC
20429.
Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 550 17th Street Building (located on F
Street), on business days between 7 a.m. and 5 p.m.
A copy of the comments may also be submitted to the OMB Desk
Officer for the FDIC, Office of Information and Regulatory Affairs,
Office of Management and Budget, New Executive Office Building,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Gary A. Kuiper, at the address
identified above, for collections numbered 1-9; Steve Hanft, at the
address identified above, for collections numbered 10-12.

SUPPLEMENTARY INFORMATION:
Proposal to renew the following currently approved collections of
information:
1. Title: Application Pursuant to Section 19 of the Federal Deposit
Insurance Act.
OMB Number: 3064-0018.
Form Number: FDIC 6710/07.
Frequency of Response: On occasion.
Affected Public: Insured depository institutions.
Estimated Number of Respondents: 14.
Estimated Time per Response: 16 hours.
Total Annual Burden: 224 hours.
General Description of Collection: Section 19 of the Federal
Deposit Insurance Act (12 U.S.C. Section 1829) requires the FDIC's
consent prior to any participation in the affairs of an insured
depository institution by a person who has been convicted of crimes
involving dishonesty or breach of trust. To obtain that consent, an
insured depository institution must submit an application to the FDIC
for approval on Form FDIC 6710/07.

2. Title: Home Mortgage Disclosure Act (HMDA).
OMB Number: 3064-0046.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Estimated Number of Responses: 1,890,384.
Estimated Time per Response: 5 minutes.
Total Annual Burden: 157,532 hours.
General Description of Collection: To permit the FDIC to detect
discrimination in residential mortgage lending, certain insured state
nonmember banks are required by FDIC regulation 12 CFR part 338 to
maintain various data on home loan applicants.

3. Title: Public Disclosure by Banks.
OMB Number: 3064-0090.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Estimated Number of Respondents: 5,500.
Estimated Time per Response: 0.5 hours.
Total Annual Burden: 2,750 hours.
General Description of Collection: 12 CFR part 350 requires a bank
to notify the general public, and in some instances shareholders, that
financial disclosure statements are available on request. Required
disclosures consist of financial reports for the current and preceding
year, which can be photocopied directly from the year-end call reports.
Also, on a case-by-case basis, the FDIC may require that descriptions
of enforcement actions be included in disclosure statements. The
regulation allows, but does not require, the inclusion of management
discussions and analysis.

4. Title: Notices Required of Government Securities Dealers or
Brokers (Insured State Nonmember Banks).
OMB Number: 3064-0093.
Form Number: G-FIN; G-FINW; G-FIN4; & G-FIN5.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks acting as government
securities brokers and dealers.
Estimated Number of Respondents: 180.
Estimated Time per Response: 1 hour.
Total Annual Burden: 180 hours.
General Description of Collection: The Government Securities Act of
1986 requires all financial institutions acting as government
securities brokers and dealers to notify their federal regulatory
agencies of their broker-dealer activities, unless exempted from the
notice requirement by Treasury Department regulation.

5. Title: Procedures for Monitoring Bank Protection Act Compliance.
OMB Number: 3064-0095.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Estimated Number of Respondents: 5,250.
Estimated Time per Response: 0.5 hours.
Total Annual Burden: 2,625 hours.
General Description of Collection: The Bank Protection Act of 1968
(12 U.S.C. 1881-1884) requires each Federal supervisory agency to
promulgate rules establishing minimum standards for security devices
and procedures to discourage financial crime and to assist in the
identification of persons who commit such crimes. To avoid the
necessity of constantly updating a technology-based regulation, the
FDIC takes a flexible approach to implementing this statute. It
requires each insured nonmember bank to designate a security officer
who will administer a written security program. The security program
shall: (1) Establish procedures for opening and closing for business
and for safekeeping valuables; (2) establish procedures that will
assist in identifying persons committing crimes against the bank; (3)
provide for initial and periodic training of employees in their
responsibilities under the security program; and (4) provide for
selecting, testing, operating and maintaining security devices as
prescribed in the regulation. In addition, the FDIC requires the
security officer to report at least annually to the bank's board of
directors on the effectiveness of the security program

6. Title: Activities and Investments of Insured State Banks.
OMB Number: 3064-0111.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Estimated Number of Respondents: 20.
Estimated Time per Response: 8 hours.
Total Annual Burden: 160 hours.
General Description of Collection: With certain exceptions, section
24 of

[[Page 30407]]

the FDI Act (12 U.S.C. 1831a) limits the direct equity investments of
state chartered banks to equity investments that are permissible for
national banks. In addition, the statute prohibits an insured state
bank from directly engaging as principal in any activity that is not
permissible for a national bank or indirectly through a subsidiary in
an activity that is not permissible for a subsidiary of a national bank
unless the bank meets it minimum capital requirements and the FDIC
determines that the activity does not pose a significant risk to the
deposit insurance fund. The FDIC can make such a determination for
exception by regulation or by an order. 12 CFR part 362 is the FDIC's
implementing regulation for Section 24. It details the activities that
insured state banks or their subsidiaries may engage in, under certain
criteria and conditions, and identifies the information that banks must
furnish to the FDIC in order to obtain the FDIC's approval or
nonobjection.

7. Title: Foreign Banks.
OMB Number: 3064-0114.
Form Number: None.
Frequency of Response: On occasion.
Number of Responses per Respondent: Varies with circumstances.
Affected Public: Certain U.S. branches of foreign banks.
Estimated Number of Respondents: 12.
Estimated Time per Response: Ranges from \1/4\ hour to 10 hours.
Total Annual Burden: 1,572 hours.
General Description of Collection: The collection of information
consists of (a) applications to operate as a noninsured state-licensed
branch of a foreign bank; (b) applications from an insured state
licensed branch of a foreign bank to conduct activities which are not
permissible for a federally-licensed branch; (c) internal recordkeeping
by insured branches of foreign banks; and (d) reporting requirements
relating to an insured branch(s pledge of assets to the FDIC.

8. Title: Certification of Eligibility Under the Affordable Housing
Program.
OMB Number: 3064-0116.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Individuals wishing to purchase affordable housing
properties from the FDIC.
Estimated Number of Respondents: 12.
Estimated Time per Response: 1 hour.
Total Annual Burden: 12 hours.
General Description of Collection: This collection of information
certifies income eligibility under the affordable housing program. The
certification assists the FDIC in determining an individual(s
eligibility for purchasing affordable housing properties from the FDIC.

9. Title: Notice Regarding Unauthorized Access to Customer
Information.
OMB Number: 3064-0145.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Number of Respondents: 5,500.
Estimated Time per Response:
Developing notices: 20 hrs. x 5,500 = 110,000 hours.
Notifying customers: 24 hrs. x 110 = 2,640 hours.
Total Estimated Annual Burden: 112,640 hours.
General Description of Collection: This collection reflects the
FDIC's expectations regarding a response program that financial
institutions should develop to address unauthorized access to or use of
customer information that could result in substantial harm or
inconvenience to a customer. The information collections require
financial institutions to: (1) Develop notices to customers; and (2) in
certain circumstances, determine which customers should receive the
notices and send the notices to customers.

10. Title: Mutual-to-Stock Conversions of State Savings Banks.
OMB Number: 3064-0117.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state chartered savings banks that are not
members of the Federal Reserve System proposing to convert from mutual
to stock form of ownership.
Estimated Number of Respondents: 10.
Estimated Time per Response: 50 hours.
Total Annual Burden: 500 hours.
General Description of Collection: 12 CFR 303.161 and 333.4 require
state savings banks that are not members of the Federal Reserve System
to file with the FDIC a notice of intent to convert to stock form and
provide copies of documents filed with State and Federal banking and or
securities regulators in connection with the proposed conversion.

11. Title: Privacy of Consumer Financial Information.
OMB Number: 3064-0136.
Form Number: None.
Frequency of Response: On occasion.
Affected Public: Insured state nonmember banks.
Estimated annual number of institution respondents: Initial notice,
208; annual notice and change in terms, 5,138; opt-out notice, 873.
Estimated average time per response per institution: Initial
notice, 80 hours; annual notice and change in terms, 8 hours; opt-out
notice, 8 hours.
Subtotal, annual burden hours for institutions: 64,728 hours.
General Description of Collection: The elements of this information
collection are required under section 504 of the Gramm-Leach-Bliley
Act, Public Law 106-102. The collection mandates notice requirements
and restrictions on a financial institution's ability to disclose
nonpublic personal information about consumers to nonaffiliated third
parties.

12. Title: Applicant Background Questionnaire.
OMB Number: 3064-0138.
Form Number: FDIC 2100/14.
Frequency of Response: On occasion.
Affected Public: FDIC job applicants who are not current FDIC
employees.
Estimated Number of Respondents: 10,000.
Estimated Time per Response: 3 minutes.
Total Annual Burden: 500 hours.
General Description of Collection: The FDIC Applicant Background
Questionnaire is completed voluntarily by FDIC job applicants who are
not current FDIC employees. Responses to questions on the survey
provide information on gender, age, disability, race/national origin,
and to the applicant's source of vacancy announcement information. Data
is used by the Office of Diversity and Economic Opportunity and the
Personnel Services Branch to evaluate the effectiveness of various
recruitment methods used by the FDIC to ensure that the agency meets
workforce diversity objectives.

Request for Comment

Comments are invited on: (a) Whether these collections of
information are necessary for the proper performance of the FDIC's
functions, including whether the information has practical utility; (b)
the accuracy of the estimates of the burden of the information
collections, including the validity of the methodology and assumptions
used; (c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
information collections on respondents, including through the use of
automated collection techniques or other forms of information
technology.
At the end of the comment period, the comments and recommendations
received will be analyzed to determine the extent to which the
collections

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should be modified prior to submission to OMB for review and approval.
Comments submitted in response to this notice also will be summarized
or included in the FDIC's requests to OMB for renewal of these
collections. All comments will become a matter of public record.

Dated at Washington, DC, this 23rd day of May, 2006.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E6-8182 Filed 5-25-06; 8:45 am]

BILLING CODE 6714-01-P