Section 12(i) of the Exchange Act
grants authority to the Federal banking agencies to administer and
enforce Sections 10A(m), 12, 13, 14(a), 14(c), 14(d), 14(f), and 16
of the Exchange Act and Sections 302, 303, 304, 306, 401(b), 404,
406, and 407 of the Sarbanes-Oxley Act of 2002. Pursuant to Section
12(i), the FDIC has the authority, including rulemaking authority,
to administer and enforce these enumerated provisions as may be
necessary with respect to state nonmember banks and state savings
associations over which it has been designated the appropriate
Federal banking agency. Section 12(i) generally requires the FDIC
to issue regulations substantially similar to those issued by the
Securities and Exchange Commission (“SEC”) regulations to carry out
these responsibilities. Thus, Part 335 of the FDIC regulations
incorporates by cross-reference the SEC rules and regulations
regarding the disclosure and filing requirements of registered
securities of state nonmember banks and state savings
associations.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.