99-11810. Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB  

  • [Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
    [Notices]
    [Pages 25342-25344]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-11810]
    
    
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    FEDERAL RESERVE SYSTEM
    
    
    Agency Information Collection Activities: Announcement of Board 
    Approval Under Delegated Authority and Submission to OMB
    
    SUMMARY
        Background. Notice is hereby given of the final approval of 
    proposed information collections by the Board of Governors of the 
    Federal Reserve System (Board) under OMB delegated authority, as per 5 
    CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the 
    Public). Board-approved collections of information are incorporated 
    into the official OMB inventory of currently approved collections of 
    information. Copies of the OMB 83-Is and supporting statements and 
    approved collection of information instrument(s) are placed into OMB's 
    public docket files. The Federal Reserve may not conduct or sponsor, 
    and the respondent is not required to respond to, an information 
    collection that has been extended, revised, or implemented on or after 
    October 1, 1995, unless it displays a currently valid OMB control 
    number.
    FOR FURTHER INFORMATION CONTACT:
    Chief, Financial Reports Section--Mary M. West--Division of Research 
    and Statistics, Board of Governors of the Federal Reserve System, 
    Washington, DC 20551 (202-452-3829)
    
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    OMB Desk Officer--Alexander T. Hunt--Office of Information and 
    Regulatory Affairs, Office of Management and Budget, New Executive 
    Office Building, Room 3208, Washington, DC 20503 (202-395-7860)
        Final approval under OMB delegated authority of the extension for 
    three years, with revision, of the following reports:
    Report title: Annual Report of Foreign Banking Organizations; Foreign 
    Banking Organization Structure Report on U.S. Banking and Nonbanking 
    Activities; Foreign Banking Organization Confidential Report of 
    Operations
        Agency form number: FR Y-7; FR Y-7A; FR 2068
        OMB control number: 7100-0125
        Effective date: December 31, 1999
        Frequency: Annual
        Reporters: foreign banking organizations
        Annual reporting hours: 5,150 hours
        Estimated average hours per response: 15.75
        Number of respondents: 327
    Small businesses are not affected.
        General description of report: These information collections are 
    mandatory (12 U.S.C. 1844(c), 3106, and 3108(a)). Upon request from a 
    respondent certain information in the FR Y-7 and FR Y-7A may be given 
    confidential treatment pursuant to the Freedom of Information Act (5 
    U.S.C. 552(b)(4) and (6)). The FR 2068 is a confidential report of 
    operations that is exempted from public disclosure pursuant to the 
    Freedom of Information Act (5 U.S.C. 552(b)(8) and 12 CFR 261.11(h).
        Abstract: The FR Y-7, FR Y-7A, and FR 2068 are annual reports 
    completed by foreign banking organizations that engage in banking in 
    the United States, either indirectly through a subsidiary bank, Edge or 
    agreement corporation, or commercial lending company, or directly 
    through a branch or agency. The FR Y-7 collects financial, managerial, 
    and organizational information on the foreign banking organization. The 
    FR 2068 collects confidential financial and organizational information, 
    which is not collected in the FR Y-7. A foreign banking organization is 
    currently exempt from filing the FR 2068 if it meets certain criteria 
    related to the size and type of its U.S. banking operations. The FR Y-
    7A collects structural information on the foreign banking organization 
    and its subsidiaries. All of the reports are filed as of the end of the 
    reporter's fiscal year. The information contained in these reports is 
    used by the Federal Reserve System to assess the foreign banking 
    organization's ability to be a continuing source of strength to its 
    U.S. banking operations and to determine compliance with U.S. laws and 
    regulations.
        Current Actions: The Federal Reserve is reducing regulatory 
    reporting burden for foreign banking organizations (FBOs) by 
    eliminating the FR 2068 and by reducing and clarifying the amount of 
    information to be reported on the FR Y-7 and FR Y-7A. Most of the 
    information collected in the FR 2068 is now publicly available. The 
    publicly available portion of two of the items currently reported on 
    the FR 2068 will be added to the FR Y-7: (1) financial statements of 
    unconsolidated majority-owned related subsidiaries, and (2) financial 
    data on unconsolidated minority-owned related companies. The most 
    significant changes on the FR Y-7 are the elimination of the 
    information requested on directors and officers, the simplification of 
    the information requested for the organization chart, and the addition 
    of two items currently reported on the FR 2068 as mentioned above. The 
    most significant changes on the FR Y-7A are the simplification of the 
    information requested on securities held through debts previously 
    contracted and on Legal Authority, and the addition of four new items.
        The Federal Reserve received two public comment letters from a law 
    firm and a trade association pertaining to the proposed revisions. Both 
    organizations strongly supported the Board's proposal to streamline and 
    reduce the burden associated with these reports. Both commenters also 
    suggested that foreign banking organizations (FBOs) be allowed to 
    include companies not reportable on the FR Y-7 organization chart, for 
    purposes of clarity and retaining a complete record of the FBO's U.S. 
    interest, if the companies are designated as not reportable. The 
    Federal Reserve agrees with this suggestion and has clarified the 
    instructions to allow this option. In addition, both commenters asked 
    for further clarification to the instructions for Report Item 2 of the 
    FR Y-7A, which will be provided later this year in the form of a chart 
    supplementing the instructions.
        The trade association also expressed concern about including 
    additional subsidiaries in Report Item 2 of the FR Y-7A, as proposed. 
    The information requested for this item is consistent with the 
    information requested for the organizational chart in Report Item 3 of 
    the FR Y-7. The Federal Reserve needs this information to provide a 
    complete picture of the FBO's organizational structure for purposes of 
    assessing the safety and soundness of the complete organization.
        The law firm suggested that the Federal Reserve allow filers for 
    whom required information is not available in accord with their 
    domestic law at April 30 of each year, to submit their entire FR Y-7 
    filing by June 30 for the fiscal year then-ended. The Federal Reserve 
    needs the data on the current filing system in order to assess the 
    FBO's ability to be a continuing source of strength to its U.S. banking 
    operations and to determine compliance with U.S. laws and regulations.
        The law firm also suggested several modifications to the Facsimile 
    Confirmation Report which is sent to the institution each year after 
    their initial FR Y-7A filing for verification. The Federal Reserve will 
    review the Facsimile Confirmation Report and will consider 
    incorporating the law firm's suggestions after the year 2000.
        Finally, the law firm commented that the estimated burden hours per 
    response are too low. While the Federal Reserve realizes that large 
    organizations may take much more than 15.75 hours to complete this 
    information, small companies with limited U.S. presence require much 
    less time. This amount represents an average for all respondents.
        Discontinuance of the following report under OMB delegated 
    authority:
    Report title: Notification Pursuant to Section 211.23(h) of Regulation 
    K on Acquisitions by Foreign Banking Organizations
        Agency form number: FR 4002
        OMB control number: 7100-0110
        Frequency: Event-generated
        Reporters: foreign banking organizations
        Annual reporting hours: 80
        Estimated average hours per response: 0.50
        Number of respondents: 160
    Small businesses are not affected.
        General description of report: This information collection is 
    mandatory (12 U.S.C. 1844(c), 3106, and 3108(a)). Upon request from a 
    respondent certain information in the FR 4002 may be given confidential 
    treatment pursuant to the Freedom of Information Act (5 U.S.C. 
    552(b)(4) and (6)).
        Abstract: The FR 4002 is an event-generated information collection 
    that foreign banking organizations are required to submit, in a letter 
    to the appropriate Federal Reserve Bank. The information is due within 
    thirty days of the end of a quarter during which the foreign banking 
    organization acquires shares of companies that engage, directly or 
    indirectly, in business in the United States, or during which a foreign 
    subsidiary of the FBO commences direct activities in the United States. 
    The letter
    
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    should include a brief description of the nature and scope of each 
    company's U.S. business(es), including the four-digit Standard 
    Industrial Classification (SIC) code(s) of the U.S. activities of the 
    company and of its direct parent, and a statement of total assets and 
    total revenue of the direct parent. The foreign banking organization is 
    not required to report information whose collection would cause the FBO 
    to incur ``unreasonable effort or expense,'' or information that is 
    otherwise ``unknown and not reasonably available.''
        Current Actions: In December 1997, the Board proposed changes to 
    Regulation K to require the information reported in the FR 4002 
    annually instead of quarterly (62 FR 68424). If the Board implements 
    these proposed changes, the information collected on the FR 4002 will 
    be reflected annually in the FR Y-7 and FR Y-7A, eliminating the need 
    for this separate information collection. The FR 4002 will be 
    discontinued if these proposed changes to Regulation K are adopted upon 
    publication of the final rulemaking. The Federal Reserve received two 
    public comment letters pertaining to the proposed revisions from a law 
    firm and a trade association. Both organizations strongly supported the 
    Federal Reserve's proposal.
        Board of Governors of the Federal Reserve System, May 5, 1999.
    Jennifer J. Johnson,
    Secretary of the Board.
    [FR Doc. 99-11810 Filed 5-10-99; 8:45AM]
    Billing Code 6210-01-F