30-Day Federal Register Notice

FR2- 0149 Affiliate Marketing Consumer Opt Out Notice 82 FR 34946 July 27 2017.pdf

Affiliate Marketing/Consumer Opt-out Notices

30-Day Federal Register Notice

OMB: 3064-0149

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34946

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the Web page http://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the Web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
control number of this ICR and then
click on the ICR Reference Number. A
copy of the FCC submission to OMB
will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, and as required by
the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501–3520), the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
OMB Control No.: 3060–1039.
Title: Nationwide Programmatic
Agreement Regarding the Section 106
National Historic Preservation Act—
Review Process, WT Docket No. 03–128.
Form No.: FCC Form 620 and 621,
TCNS E-filing.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; not-for-profit institutions;
State, Local or Tribal Government.

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Number of Respondents and
Responses: 70,152 respondents and
70,152 responses.
Estimated Time per Response: 1–5
hours.
Frequency of Response:
Recordkeeping requirement; on
occasion reporting requirement; third
party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections 1,
4(i), 303(q), 303(r), 309(a), 309(j) and
319 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 154(i),
303(q), 303(r), 309(a), 309(j) and 319,
sections 101(d)(6) and 106 of the
National Historic Preservation Act
(NHPA) of 1966, 16 U.S.C. 470a(d)(6)
and 470f, and section 800.14(b) of the
rules of the Advisory Council on
Historic Preservation, 36 CFR 800.14(b).
Total Annual Burden: 97,929 hours.
Annual Cost Burden: $13,087,425.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
In general there is no need for
confidentiality. On a case by case basis,
the Commission may be required to
withhold from disclosure certain
information about the location,
character, or ownership of a historic
property, including traditional religious
sites.
Needs and Uses: FCC staff, State
Historic Preservation Officers (SHPO),
Tribal Historic Preservation Officers
(THPO) and the Advisory Council of
Historic Preservation (ACHP) use the
data to take such action as may be
necessary to ascertain whether a
proposed action may affect sites of
cultural significance to tribal nations
and historic properties that are listed or
eligible for listing on the National
Register as directed by section 106 of
the National Historic Preservation Act
(NHPA) and the Commission’s rules.
FCC Form 620, New Tower (NT)
Submission Packet is to be completed
by or on behalf of applicants to
construct new antenna support
structures by or for the use of licensees
of the FCC. The form is to be submitted
to the State Historic Preservation Office
(‘‘SHPO’’) or to the Tribal Historic
Preservation Office (‘‘THPO’’), as
appropriate, and the Commission before
any construction or other installation
activities on the site begins. Failure to
provide the form and complete the
review process under section 106 of the
NHPA prior to beginning construction
may violate section 110(k) of the NHPA
and the Commission’s rules.
FCC Form 621, Collocation (CO)
Submission Packet is to be completed

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by or on behalf of applicants who wish
to collocate an antenna or antennas on
an existing communications tower or
non-tower structure by or for the use of
licensees of the FCC. The form is to be
submitted to the State historic
Preservation Office (‘‘SHPO’’) or to the
Tribal Historic Preservation Office
(‘‘THPO’’), as appropriate, and the
Commission before any construction or
other installation activities on the site
begins. Failure to provide the form and
complete the review process under
section 106 of the NHPA prior to
beginning construction or other
installation activities may violate
section 110(k) of the NHPA and the
Commission’s rules.
The Tower Construction Notification
System (TCNS) is used by or on behalf
of Applicants proposing to construct
new antenna support structures, and
some collocations, to ensure that Tribal
Nations have the requisite opportunity
to participate in review prior to
construction. To facilitate this
coordination, Tribal Nations have
designated areas of geographic
preference, and they receive automated
notifications based on the site
coordinates provided in the filing.
Applicants complete TCNS before filing
a 620 or 621 and all the relevant data
is pre-populated on the 620 and 621
when the forms are filed electronically.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2017–15828 Filed 7–26–17; 8:45 am]
BILLING CODE 6712–01–P

FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request (3064–
0092; –0149 & –0182)
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:

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.
On May 17, 2017, the FDIC requested
comment for 60 days on a proposal to
renew the information collections
described below. No comments were
received. The FDIC hereby gives notice
of its plan to submit to OMB a request

SUMMARY:

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34947

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
to approve the renewal of these
collections, and again invites comment
on this renewal.
DATES: Comments must be submitted on
or before August 28, 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

Counsel, MB–3007, Federal Deposit
Insurance Corporation, 550 17th Street
NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
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:
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.
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.

345.27 Reporting ..................
345.42(b)(1) Reporting .........
345.42(b)(2) Reporting .........

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

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

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

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

Total Reporting ..............
345.42(a) Recordkeeping .....

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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.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, (202–898–3767),

345.42(c) Recordkeeping .....

345.42(c)(2) Recordkeeping

Total Recordkeeping .....

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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

* 393

2

786

.............................................................................................................
Small business/small farm loan register—Large banks shall and
Small banks may collect and maintain certain date in machinereadable 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

120,147
86,067

75

326

24,450

100

25

2,500

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

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

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

113,017

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34948

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

Estimated
number of
respondents

Average
estimated
time per
response

Total
estimated
annual burden
(hours)

Source and type of burden

Description

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

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

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

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

39,710

Total Estimated Annual Burden.

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

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

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

272,874

* 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 respondents 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

18

Frequency of
response

Total
estimated
annual burden
(hours)

3 857,027

18 hours ......
2 hours ........
5 minutes ....

1
1
1

144
1,980
71,419

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

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

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

73,543

2 990

1 According

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to data from the Federal Reserve’s National Information Center (NIC), there were 3,063 FDIC supervised institutions with an affiliate as of March 31st, 2017. This is an increase of 23 institutions from March 31st, 2014, which had 3,040 institutions with affiliates. Based on
the research and NIC data, it is reasonable to estimate that the population of institutions with affiliates will continue to grow by approximately 23
institutions over the next three years. Thus, FDIC anticipates approximately 8 institutions per year will have an implementation burden.
2 The number of respondents facing ongoing burden remains unchanged at 990.
3 The FDIC estimates that 95.4% of the 990 banks impacted by this information collection are community banks having an average of 12,098
consumers and the remaining 4.6% are non-community (larger) banks having an average of 124,745 consumers. The FDIC estimates that 5% of
the 17,140,540 estimated consumers at these 990 institutions (857,027 consumers) elect to Opt-Out of affiliate marketing information sharing.

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.
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
consumers affected was offset by the
fact that most banks have completed the
implementation phase of the
information collection; the estimated

Number of
respondents

Type of burden

Reporting ........................................................................................................

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ongoing time per response for most
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.
Affected Public: Insured state
nonmember banks and state savings
associations.
Burden Estimate:

Estimated time
per response

Frequency of
response

16

On Occasion

1

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Total
estimated
annual burden
(hours)
16

34949

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

Number of
respondents

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Type of burden

Estimated time
per response

Frequency of
response

Total
estimated
annual burden
(hours)

Recordkeeping ...............................................................................................
Disclosure .......................................................................................................

1
1

166
1,332

On Occasion
On Occasion

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
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

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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.
Dated at Washington, DC, this 21st day of
July, 2017.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2017–15711 Filed 7–26–17; 8:45 am]
BILLING CODE 6714–01–P

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FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than August 23,
2017.
A. Federal Reserve Bank of St. Louis
(David L. Hubbard, Senior Manager)
P.O. Box 442, St. Louis, Missouri
63166–2034. Comments can also be sent
electronically to
Comments.applications@stls.frb.org:
1. Ozarks Heritage Financial Group,
Inc., Gainesville, Missouri; and its top
tier holding company Century
Bancshares, Inc., Gainesville, Missouri,
to acquire 100 percent of the voting
shares of Financial Enterprises, Inc.,
Clinton, Missouri, and thereby
indirectly acquire First National Bank of
Clinton, Clinton, Missouri.

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