Reporting and Disclosure Requirements Related to Securities of State Member Banks as Required by Regulation H

Forms and Documents

Document Name	Status
FRH1_20200224_omb.pdf Supporting Statement A	2020-02-24

IC Document Collections

IC ID	Document Title	Status
36093	Reporting Form 10 (17 CFR 249.210)	Modified
240088	Disclosure Form 5 (17 CFR 240.16a-3(k))	New
240087	Disclosure Form 4 (17 CFR 240.16a-3(k))	New
240086	Disclosure Form 3 (17 CFR 240.16a-3(k))	New
240085	Reporting and Disclosure Form 15 (17 CFR 249.323)	New
240084	Reporting and Disclosure Rule 12b-25 (17 CFR 240.12b-25) & Form 12b-25 (17 CFR 249.322)	New
240083	Reporting and Disclosure Regulation 14A (17 CFR 240.14a-1 through 240.14a-12) & Schedule 14A (17 CFR 240.14a-101)	New
240082	Reporting and Disclosure Rule 13e-3 (17 CFR 240.13e) & Schedule 13E-3 (17 CFR 240.13e-100)	New
240081	Reporting Form 10-K (17 CFR 249.310)	New
240080	Reporting Form 10-Q (17 CFR 249.308a)	New
240079	Reporting Form 8-K (17 CFR 249.308)	New
240077	Reporting Rule 14f-l (17 CFR 240.14f-l)	New
240076	Reporting Regulation 14D (17 CFR 240.14d-1 through 240.14d-9) & Schedule 14D-9 (17 CFR 240.14d-101)	New
240074	Reporting Regulation 14C (17 CFR 240.14c-1) & Schedule 14C (17 CFR 240.14c-101)	New
240072	Reporting Rule 13e-l (17 CFR 240.13e-1)	New
240071	Reporting Regulation 12B (17 CFR 240.12b-1 through 240.12b-36)	New
240070	Reporting Form 8-A (17 CFR 249.208a)	New

ICR Details

OMB Control No: 7100-0091	ICR Reference No: 202002-7100-015
Status: Active	Previous ICR Reference No: 202002-7100-012
Agency/Subagency: FRS	Agency Tracking No: FR H-1
Title: Reporting and Disclosure Requirements Related to Securities of State Member Banks as Required by Regulation H
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/24/2020
	Date Received in OIRA: 02/24/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2023	36 Months From Approved	02/29/2020
Responses	120	0	64
Time Burden (Hours)	6,866	0	331
Cost Burden (Dollars)	0	0	0

---

Abstract: The Board’s Regulation H - Membership of State Banking Institutions in the Federal Reserve System (12 CFR Part 208) requires state member banks (SMBs) whose securities are subject to registration pursuant to the Securities Exchange Act of 1934 (Exchange Act) to disclose certain information to shareholders and securities exchanges and to report information relating to their securities to the Board using forms adopted by the Securities and Exchange Commission (SEC) and in compliance with certain rules and regulations adopted by the SEC.

---

Authorizing Statute(s): US Code: 15 USC 78w(a)(1) Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78l(i) Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 39845	08/12/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 68451	12/16/2019
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 17

IC Title	Form No.	Form Name
Reporting Form 10 (17 CFR 249.210)
Disclosure Form 4 (17 CFR 240.16a-3(k))
Reporting Form 8-A (17 CFR 249.208a)
Reporting Regulation 12B (17 CFR 240.12b-1 through 240.12b-36)
Reporting Rule 13e-l (17 CFR 240.13e-1)
Reporting Regulation 14C (17 CFR 240.14c-1) & Schedule 14C (17 CFR 240.14c-101)
Reporting Regulation 14D (17 CFR 240.14d-1 through 240.14d-9) & Schedule 14D-9 (17 CFR 240.14d-101)
Reporting Rule 14f-l (17 CFR 240.14f-l)
Reporting Form 8-K (17 CFR 249.308)
Reporting Form 10-Q (17 CFR 249.308a)
Reporting Form 10-K (17 CFR 249.310)
Reporting and Disclosure Rule 13e-3 (17 CFR 240.13e) & Schedule 13E-3 (17 CFR 240.13e-100)
Reporting and Disclosure Regulation 14A (17 CFR 240.14a-1 through 240.14a-12) & Schedule 14A (17 CFR 240.14a-101)
Reporting and Disclosure Rule 12b-25 (17 CFR 240.12b-25) & Form 12b-25 (17 CFR 249.322)
Reporting and Disclosure Form 15 (17 CFR 249.323)
Disclosure Form 3 (17 CFR 240.16a-3(k))
Disclosure Form 5 (17 CFR 240.16a-3(k))

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	120	64	0	56	0	0
Annual Time Burden (Hours)	6,866	331	0	6,535	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated total annual burden for the FR H-1 is 331 hours, and would increase to 6,866 hours with the adopted revisions. The increase in estimated burden results from taking into account certain requirements that were not previously accounted for in the FR H-1, as well as a new, more accurate accounting of the burden associated with certain of the required forms. The number of respondents is estimated based on actual 2018 submissions. Very few SMBs have registered securities because most SMBs are controlled by a holding company that owns most or all of the bank’s shares, meaning that most SMBs do not have a class of equity security held by 2,000 or more shareholders or listed on a national exchange. Because most publicly held banking organizations are bank holding companies, only two SMBs currently submit these data. Each of the affected SMBs submits Form 10-K annually, Form 10-Q each quarter except for the quarter in which the Form 10-K is filed, and Form 8-K on occasion. The disclosure of Forms 3, 4, and 5 is also required occasionally. The rest of the forms and regulatory reporting requirements listed above have not been filed or triggered within the last five years, but because they are potentially required the table shows them as well. The Board has used the SEC’s estimates of average burden per response. It is likely that the actual burden incurred by affected SMBs is significantly less than these estimates, given the relatively small size and non-complex nature of these SMBs, and because SMBs that have no foreign offices and control total assets of less than $150 million may substitute the quarterly financial statements they submit as part of their Call Report in lieu of the financial statements required to be included as part of Form 10-Q.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/24/2020

---