60-Day Federal Register Notice

FR1-0149 Affiliate Marketing Consumer Opt-Out Notices 82 FR 22665 May 17 2017.pdf

Affiliate Marketing/Consumer Opt-out Notices

60-Day Federal Register Notice

OMB: 3064-0149

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22665

Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices
DEPARTMENT OF ENERGY

FEDERAL DEPOSIT INSURANCE
CORPORATION

Federal Energy Regulatory
Commission

Agency Information Collection
Activities: Proposed Collection
Renewals; Comment Request (3064–
0092; –0149 & –0182)

[Project No. 14810–001]

Chugach Electric Association, Inc.;
Notice of Surrender of Preliminary
Permit
Take notice that Chugach Electric
Association, Inc., permittee for the
proposed Snow River Hydroelectric
Project, has requested that its
preliminary permit be terminated. The
permit was issued on March 22, 2017,
and would have expired on February 29,
2020.1 The project would have been
located on the Snow River, near Seward
in the Kenai Peninsula Borough, Alaska.
The preliminary permit for Project
No. 14810 will remain in effect until the
close of business, June 10, 2017. But, if
the Commission is closed on this day,
then the permit remains in effect until
the close of business on the next day in
which the Commission is open.2 New
applications for this site may not be
submitted until after the permit
surrender is effective.
Dated: May 11, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–09958 Filed 5–16–17; 8:45 am]
BILLING CODE 6717–01–P

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 the renewal of existing
information collections, as required by
the Paperwork Reduction Act of 1995.
Currently, the FDIC is soliciting
comment on renewal of the information
collections described below.
DATES: Comments must be submitted on
or before July 17, 2017.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• http://www.FDIC.gov/regulations/
laws/federal/notices.html.
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767). Counsel, MB 3007, Federal
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Manny Cabeza at the FDIC address
noted above.
Proposal
to renew the following currently
approved collections of information:
1. Title: Community Reinvestment
Act.
OMB Number: 3064–0092.
Form Number: None.
Affected Public: Insured state
nonmember banks and state savings
associations.
Burden Estimate:

SUPPLEMENTARY INFORMATION:

Estimated
number of
respondents

Source and type of burden

Description

345.25(b) Reporting .......................................

Request for designation as a wholesale or limited purpose bank—Banks
requesting this designation shall file a request in writing with the FDIC
at least 3 months prior to the proposed effective date of the designation.
Strategic plan—Applies to banks electing to submit strategic plans to the
FDIC for approval.
Small business/small farm loan data—Large banks shall and Small banks
may report annually in machine readable form the aggregate number
and amount of certain loans.
Community development loan data—Large banks shall and Small banks
may report annually, in machine readable form, the aggregate number
and aggregate amount of community development loans originated or
purchased.
Home mortgage loans—Large banks, if subject to reporting under part
203 (Home Mortgage Disclosure (HMDA)), shall, and Small banks may
report the location of each home mortgage loan application, origination,
or purchase outside the MSA in which the bank has a home/branch office.
Data on affiliate lending—Banks that elect to have the FDIC consider
loans by an affiliate, for purposes of the lending or community development test or an approved strategic plan, shall collect, maintain and report the data that the bank would have collected, maintained, and reported pursuant to § 345.42(a), (b), and (c) had the loans been originated or purchased by the bank. For home mortgage loans, the bank
shall also be prepared to identify the home mortgage loans reported
under HMDA.
Data on lending by a consortium or a third party—Banks that elect to
have the FDIC consider community development loans by a consortium
or a third party, for purposes of the lending or community development
tests or an approved strategic plan, shall report for those loans the data
that the bank would have reported under § 345.42(b)(2) had the loans
been originated or purchased by the bank.

345.27 Reporting ...........................................
345.42(b)(1) Reporting ...................................

345.42(b)(2) Reporting ...................................

345.42(b)(3) Reporting ...................................

345.42(d) Reporting .......................................

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Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:

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 17th Street Building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. 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.

345.42(e) Reporting .......................................

1 158

FERC 62,225 (2017).

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Total
estimated
annual
burden
(hours)

Average
estimated
time per
response

1

4

4

7

400

2,800

* 393

8

3,144

* 393

13

5,109

* 393

253

99,429

200

38

7,600

75

17

1,275

22666

Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices
Estimated
number of
respondents

Total
estimated
annual
burden
(hours)

Average
estimated
time per
response

Source and type of burden

Description

345.42(g) Reporting .......................................

Assessment area data –Large banks shall and Small banks may collect
and report to the FDIC a list for each assessment area showing the geographies within the area.

* 393

2

786

Total Reporting .......................................

.......................................................................................................................

....................

....................

120,147

345.42(a) Recordkeeping ..............................

Small business/small farm loan register—Large banks shall and Small
banks may collect and maintain certain date in machine-readable form.
Optional consumer loan data—All banks may collect and maintain in machine readable form certain data for consumer loans originated or purchased by a bank for consideration under the lending test.
Other loan data—All banks optionally may provide other information concerning their lending performance, including additional loan distribution
data.

* 393

219

86,067

75

326

24,450

100

25

2,500

Total Recordkeeping ...............................

.......................................................................................................................

....................

....................

113,017

345.41(a) 345.43(a); (a)(1); (a)(2); (a)(3);
(a)(4); (a)(5); (a)(6); (a)(7); (b)(1); (b)(2);
(b)(3); (b)(4); (b)(5); (c); (d) Disclosure.

Content and availability of public file—All banks shall maintain a public file
that contains certain required information.

3,971

10

39,710

Total Disclosure ......................................
Total Estimated Annual Burden ......

.......................................................................................................................
.......................................................................................................................

....................
....................

....................
....................

39,710
272,874

345.42(c) Recordkeeping ...............................

345.42(c)(2) Recordkeeping ..........................

* The number of Large Banks reporting decreased from 253 to 243. However, 150 Small Banks are voluntarily collecting and reporting data, and the number of
respndents has been adjusted to reflect this.

General Description of Collection: The
Community Reinvestment Act
regulation requires the FDIC to assess
the record of banks and thrifts in
helping meet the credit needs of their
entire communities, including low- and
moderate-income neighborhoods,
consistent with safe and sound
operations; and to take this record into
account in evaluating applications for
mergers, branches, and certain other
corporate activities.

There is no change in the method or
substance of the collection. The overall
increase in burden hours is a result of
an increase in the number of Small
Banks electing to voluntarily respond in
certain categories. The increase is also,
in small part, due to an adjustment in
the agency’s estimate of the time
required to submit strategic plan
applications from 275 hours per
respondent to 400 hours per respondent.
Estimated
number of
respondents

Type of burden

Implementation ................................................................................................
Ongoing ...........................................................................................................
Consumer Opt-Out ..........................................................................................
Total Estimated Annual Burden ...............................................................

2. Title: Affiliate Marketing Consumer
Opt-Out Notices.
OMB Number: 3064–0149.
Form Number: None.
Affected Public: Insured state
nonmember banks, state savings
associations that have affiliates and
consumers that have a relationship with
the foregoing.
Burden Estimate:
Estimated
time per
response
(hours)

11

Frequency of
response

Total
estimated
annual burden
(hours)

3 857,939

18
2
*5

1
1
1

18
1,980
71,495

........................

........................

........................

73,493

2 990

1 All

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respondents have now gone through implementation of their programs. Accordingly, the number of respondents facing implementation
burden has been reduced from 990 to 1 as a placeholder for any institution that elects to start sharing consumer information with its affiliates in
the future.
2 The number of respondents facing ongoing burden remains unchanged at 990.
3 The FDIC estimates that 944 out of the 990 banks impacted by this information collection are community banks having an average of 12,098
consumers and the remaining 46 are non-community (larger) banks having an average of 124,745 consumers. The FDIC estimates that 5% of
the 17,158,782 estimated consumers at these 990 institutions (857,939 consumers) elect to Opt-Out of affiliate marketing information sharing.
* Minutes.

General Description of Collection:
Section 214 of the FACT Act requires
financial institutions that wish to share
information about consumers with their
affiliates, to inform such consumers that
they have the opportunity to opt out of
such marketing solicitations. The
disclosure notices and consumer
responses thereto comprise the elements
of this collection of information.

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There is no change in the method or
substance of this information collection.
There has been a net increase in the
estimated total annual burden primarily
because of an upward adjustment in the
agency’s estimate of the number of
consumers at FDIC-supervised
institutions that elect to opt-out of
affiliate marketing information sharing.
The increase in burden due to the
adjustment in the estimated number of

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consumers affected was offset by the
fact that banks have completed the
implementation phase of the
information collection; the estimated
ongoing time per response for affected
institutions decreasing from 18 hours at
implementation to 2 hours ongoing.
3. Title: Retail Foreign Exchange
Transactions.
OMB Number: 3064–0182.
Form Number: None.

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Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices
Affected Public: Insured state
nonmember banks and state savings
associations.

Burden Estimate:

Number of
respondents

Type of burden

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22667

Estimated time
per response

Frequency of
response

Total estimated annual
burden
(hours)

Reporting .................................................................................
Recordkeeping ........................................................................
Disclosure ................................................................................

1
1
1

16
166
1,332

On Occasion ..........................
On Occasion ..........................
On Occasion ..........................

16
166
1,332

Total Estimated Annual Burden .......................................

........................

........................

................................................

1,514

General Description of Collection:
This information collection implements
section 742(c)(2) of the Dodd-Frank Act
(7 U.S.C. 2(c)(2)(E) and FDIC regulations
governing retail foreign exchange
transactions as set forth at 12 CFR part
349, subpart B. The regulation allows
banking organizations under FDIC
supervision to engage in off-exchange
transactions in foreign currency with
retail customers provided they comply
with various reporting, recordkeeping
and third-party disclosure requirements
specified in the rule. If an institution
elects to conduct such transactions,
compliance with the information
collection is mandatory.
Reporting Requirements—Part 349,
subpart B requires that, prior to
initiating a retail foreign exchange
business; a banking institution must
provide the FDIC with a notice
certifying that the institution has
written policies and procedures, and
risk measurement and management
systems and controls in place to ensure
that retail foreign exchange transactions
are conducted in a safe and sound
manner. The institution must also
provide information about it intends to
manage customer due diligence, new
product approvals and haircuts applied
to noncash margin.
Recordkeeping Requirements—Part
349 subpart B requires that institutions
engaging in retail foreign exchange
transactions keep full, complete and
systematic records of account, financial
ledger, transaction, memorandum orders
and post execution allocations of
bunched orders. In addition, institutions
are required to maintain records
regarding their ratio of profitable
accounts, possible violations of law,
records of noncash margin and monthly
statements and confirmations issued.
Disclosure Requirements—The
regulation requires that, before opening
an account that will engage in retail
foreign exchange transactions, a banking
institution must obtain from each retail
foreign exchange customer an
acknowledgement of receipt and
understanding of a written disclosure

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specified in the rule and of disclosures
about the banking institution’s fees and
other charges and of its profitable
accounts ratio. The institution must also
provide monthly statements to each
retail foreign exchange customer and
must send confirmation statements
following every transaction. The
customer dispute resolution provisions
of the regulation require certain
endorsements, acknowledgements and
signature language as well as the timely
provision of a list of persons qualified
to handle a customer’s request for
arbitration.
There is no change in the method or
substance of the collection. At present
no FDIC-supervised institution is
engaging in activities that would make
them subject to the information
collection requirements. FDIC originally
estimated that 3 institutions would be
impacted by the rule. The agency is
reducing the estimated number of
respondents to one (1) as a placeholder
in case an institution elects to engage in
covered activities in the future. There
has been no change in the frequency of
response or in the estimated number of
hours required to respond. Because of
the reduction in the estimated number
of respondents from three (3) to one (1),
the estimated annual burden has
decreased.
Request for Comment
Comments are invited on: (a) Whether
the 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 collections of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. All comments will become
a matter of public record.

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Dated at Washington, DC, this 12th day of
May 2017.
Federal Deposit Insurance Corporation.
Ralph E. Frable,
Assistant Executive Secretary.
[FR Doc. 2017–09992 Filed 5–16–17; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within twelve
days of the date this notice appears in
the Federal Register. Copies of the
agreements are available through the
Commission’s Web site (www.fmc.gov)
or by contacting the Office of
Agreements at (202)-523–5793 or
tradeanalysis@fmc.gov.
Agreement No.: 012395–002.
Title: MSC/ACL Trans-Atlantic Space
Charter Agreement.
Parties: Atlantic Container Line A.B.
and MSC Mediterranean Shipping
Company S.A.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor; 1200 Nineteenth St.
NW.; Washington, DC 200036.
Synopsis: The amendment revises
Article 5.1 to clarify that the space to be
provided to ACL will be on MSC’s
SAWC–USA–NWC service. The
amendment also reinserts language that
was inadvertently deleted by
Amendment No. 1 and deletes language
that was inadvertently added by
Amendment No. 1. It also restates the
Agreement.
Agreement No.: 012483.
Title: HLAG/CMA CGM U.S.Mediterranean Slot Charter Agreement.
Parties: Hapag-Lloyd AG and CMA
CGM S.A.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor; 1200 Nineteenth St.
NW.; Washington, DC 200036.

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