02-10395. Agency Information Collection Activities: Submission for OMB Review; Comment Request

AGENCIES:

Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision (OTS), Treasury.

ACTION:

Notice of information collection to be submitted to OMB for review and approval under the Paperwork Reduction Act of 1995.

SUMMARY:

In accordance with the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, the FDIC, and the OTS (collectively, the “agencies”) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number.

On January 10, 2002, the agencies published a notice in the Federal Register (67 FR 1405) requesting public comment on the extension, with revision, of the currently approved information collection titled “Interagency Bank Merger Act Application” and clarifications to the Comptroller's Corporate Manual. The comment period for this notice expired on March 11, 2002, and no comments were received. The agencies are now submitting requests to OMB for review and approval of the extension, with revision, of this information collection.

DATES:

Comments must be submitted to the agencies and the OMB Desk Officer on or before May 29, 2002.

ADDRESSES:

Interested parties are invited to submit written comments to any or all of the agencies. All comments should refer to the OMB control number(s) and will be shared among the agencies.

OCC: Written comments should be submitted to the Communications Division, Office of the Comptroller of the Currency, 250 E Street, SW., Public Information Room, Mailstop 1-5, Attention: 1557-0014 (BMA), Washington, DC 20219. Due to recent disruptions in the OCC's mail service, commenters are encouraged to submit comments by fax or by electronic mail. Comments may be sent by fax to [phone], or by electronic mail to [e-mail]. Comments will be available for inspection and photocopying at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. Appointments for inspection of comments may be made by calling [phone].

Board: Comments may be mailed to Ms. Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. However, because paper mail in the Washington area and at the Board of Governors is subject to delay, please consider submitting your comments by e-mail to [e-mail], or faxing them to the Office of the Secretary at 202-452-3819 or 202-452-3102. Comments addressed to Ms. Johnson may also be delivered to the Board's mail facility in the West Courtyard between 8:45 a.m. and 5:15 p.m., located on 21st Street between Constitution Avenue and C Street, NW. Members of the public may inspect comments in Room MP-500 between 9:00 a.m. and 5:00 p.m. on weekdays pursuant to 261.12, except as provided in 261.14, of the Board's Rules Regarding Availability of Information, 12 CFR 261.12 and 261.14.

FDIC: Written comments should be addressed to Tamara R. Manly, Management Analyst (Regulatory Analysis), Office of Executive Secretary, Room F-4058, Attention: Comments/OES, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. All comments should refer to “Interagency Bank Merger Act Application.” 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 7:00 a.m. and 5:00 p.m. [FAX number [phone]; Internet address: [e-mail]]. Comments may be inspected and photocopied in the FDIC Public Information Center, Room 100, 801 17th Street, NW., Washington, DC, between 9:00 a.m. and 4:30 p.m. on business days.

OTS: Written comments should be sent to Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Attention: 1550-0016, FAX Number [phone], or e-mail to [e-mail]. OTS will post comments and the related index on the OTS Internet Site at www.ots.treas.gov. In addition, interested persons may inspect comments at the Public Reference Room, 1700 G Street, NW., by appointment. To make an appointment, call [phone], send an e-mail to [e-mail], or send a facsimile transmission to [phone].

A copy of the comments may also be submitted to the OMB desk officer for the agencies: Alexander T. Hunt, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 3208, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Additional information or a copy of the collection may be requested from:

OCC: Jessie Dunaway, OCC Clearance Officer, [phone], Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. For subject matter information, you may contact Cheryl Martin at [phone], Licensing Policy, and Systems, Licensing Department, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.

Board: Mary M. West, Federal Reserve Board Clearance Officer, [phone], Division of Research and Statistics, Board of Governors of the Federal Reserve System, 20th and C Streets, NW., Washington, DC 20551. Telecommunications Device for the Deaf (TDD) users may contact Capria Mitchell [phone], Board of Governors of the Federal Reserve System, 20th and C Streets, NW., Washington, DC 20551.

FDIC: Tamara R. Manly, Management Analyst (Regulatory Analysis), [phone], Office of the Executive Secretary, Federal Deposit Insurance Corporation, 550 17th Street, NW, Washington, DC 20429.

OTS: Sally W. Watts, OTS Clearance Officer, [phone]; Frances C. Augello, Senior Counsel, Business Transactions Division, [phone]; Patricia D. Goings, Regulatory Analyst, Examination Policy, [phone]; or Damon C. Zaylor, Regulatory Analyst, Examination Policy, [phone], Office of Thrift Supervision, 1700 G Street, NW, Washington, DC 20552.

SUPPLEMENTARY INFORMATION:

 

Proposal To Request Approval From OMB of the Extension for Three Years, With Revision, of the Following Currently Approved Collection of Information

Report Title: Interagency Bank Merger Act Application.

OCC's Title: Comptroller's Corporate Manual (Manual). The specific portions of the Manual covered by this notice are those that pertain to “The Interagency Bank Merger Act” application located in the Business Combinations booklet of the Manual and various portions of the booklet to which the OCC is making technical and clarifying changes.

OMB Numbers:

OCC: 1557-0014.

Board: 7100-0171.

FDIC: 3064-0015.

OTS: 1550-0016.

Form Numbers:

OCC: None.

Board: FR 2070.

FDIC: 6220/01 and 6220/07.

OTS: 1639.

Affected Public: Individuals or households; Businesses or other for-profit.

Type of Review: Revision of a currently approved collection.

Estimated Number of Respondents:

OCC: Nonaffiliate—60; Affiliate—210.

Board: Nonaffiliate—57; Affiliate—79.

FDIC: Nonaffiliate—200; Affiliate—150.

OTS: Nonaffiliate—16; Affiliate—0.

Frequency of Response: On occasion.

Estimated Annual Burden Hours per Response:

OCC: Nonaffiliate—30; Affiliate—18.

Board: Nonaffiliate—30; Affiliate—18.

FDIC: Nonaffiliate—30; Affiliate—18.

OTS: Nonaffiliate—30; Affiliate—18.

Estimated Total Annual Burden Hours:

OCC: Nonaffiliate—1,800; Affiliate—3,780. Total: 5,580 burden hours.

Board: Nonaffiliate—1,710; Affiliate—1,422. Total: 3,132 burden hours.

FDIC: Nonaffiliate—6,000; Affiliate—2,700. Total: 8,700 burden hours.

OTS: Nonaffiliate—480; Affiliate—0. Total: 480 burden hours.

General Description of Report: This information collection is mandatory. 12 U.S.C. 1828(c) (OCC, FDIC, and OTS), and 12 U.S.C. 321, 1828(c), and 4804 (Board). Except for select sensitive items, this information collection is not given confidential treatment. Small businesses, that is, small institutions, are affected.

Abstract: This submission covers a revision to the agencies' merger application form for both affiliated and nonaffiliated institutions. The form's title is the Interagency Bank Merger Act Application. The agencies need the information to ensure that the proposed transactions are permissible under law and regulation and are consistent with safe and sound banking practices. The agencies are required, under the Bank Merger Act, to consider financial and managerial resources, future prospects, convenience and needs of the community, community reinvestment, and competition.

Some agencies collect limited supplemental information in certain cases. For example, the OCC and OTS collect information regarding CRA commitments, the OCC collects the identity and the activity of each subsidiary to be acquired, the Federal Reserve collects information on debt servicing from certain institutions, and the FDIC requires additional information on the competitive impact of proposed mergers.

Current Actions: On January 10, 2002, the agencies published in the Federal Register (67 FR 1405), a notice on the proposed revisions to this information collection. The comment period expired on March 11, 2002. The agencies received no public comments and are now submitting requests to OMB for approval of the extension, with revision, of this information collection, as proposed.

Section 307(c) of the Gramm-Leach-Bliley Act (GLBA) requires the appropriate agency to consult with the appropriate state insurance regulator prior to making any determination relating to the initial affiliation of, or the continuing affiliation of, a depository institution with a company engaged in insurance activities. As a result, the agencies propose to add an item to the form to collect information regarding the name of an affiliated insurance company, a description of its insurance activities, and the name of the state in which the company is domiciled or in which it has a resident license. Additionally, the General Instructions contain technical corrections to make them uniform with the proposed revisions to the “Interagency Charter and Federal Deposit Insurance Application” form.

Further, the OCC is making a change to its Business Combinations booklet of the Manual by adding the interagency application form and providing updated information about filing for a merger. These changes are not material and are technical in nature. These changes are an administrative adjustment, and do not change, in any way, the requirements on national banks.

Request for Comment

Comments are invited on:

a. Whether the information collections are necessary for the proper performance of the agencies' functions, including whether the information has practical utility;

b. The accuracy of the agencies' 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;

d. Ways to minimize the burden of information collections on respondents, including through the use of automated collection techniques or other forms of information technology; and

e. Estimates of capital or start up costs and costs of operation, maintenance, and purchase of services to provide information.

Comments submitted in response to this notice will be shared among the agencies. All comments will become a matter of public record. Written comments should address the accuracy of the burden estimates and ways to minimize burden including the use of automated collection techniques or the use of other forms of information technology as well as other relevant aspects of the information collection request.

Dated: April 16, 2002.

Mark J. Tenhundfeld,

Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency.

By order of the Board of Governors of the Federal Reserve System, April 22, 2002.

Robert deV. Frierson,

Deputy Secretary of the Board.

Dated at Washington, DC, this 19th day of April, 2002.

Federal Deposit Insurance Corporation

Robert E. Feldman,

Executive Secretary.

Dated: April 22, 2002.

Deborah Dakin,

Deputy Chief Counsel, Regulations and Legislation Division, Office of Thrift Supervision.