60-Day Federal Register Notice

FR1-0026 Transfer Agent Registration Interagency 81 FR 37665 - 10 JUN 2016.pdf

Transfer Agent Registration and Amendment Form

60-Day Federal Register Notice

OMB: 3064-0026

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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices
analyses of those topical areas, and
report out on key findings to support
improving public awareness.
Issued in Washington, DC, on June 7, 2016,
under the authority delegated in 49 CFR 1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline
Safety.
[FR Doc. 2016–13845 Filed 6–9–16; 8:45 am]
BILLING CODE 4910–60–P

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Board of Governors of the
Federal Reserve System (Board); Office
of the Comptroller of the Currency
(OCC), Treasury; and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the Board, the OCC, and the
FDIC (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. The agencies
have approved for public comment a
proposal to extend, with minor revision,
the Uniform Interagency Transfer Agent
Registration and Amendment Form
(‘‘Form TA–1’’), which is a currently
approved collection of information. The
agencies propose to modify Form TA–1,
effective December 31, 2016, to require
Board registrants to submit the form and
attachments to a designated email
address, to give FDIC registrants the
option to submit the form and
attachments to a designated email
address, to require state savings
associations to file with the FDIC, to
remove outdated references to the Office
of Thrift Supervision (‘‘OTS’’), to clarify
the definition of a ‘‘qualifying security,’’
and to make other instructional
clarifications. At the end of the
comment period, the comments and
recommendations received will be
analyzed to determine the extent to
which the agencies should modify the
proposed revisions before giving final

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SUMMARY:

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approval. The agencies will then submit
the revisions to OMB for approval.
DATES: Comments must be submitted on
or before August 9, 2016.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments,
which should refer to the OMB control
number(s), will be shared among the
agencies.
Board: You may submit comments,
which should refer to ‘‘Form TA–1,’’ by
any of the following methods:
• Agency Web site: http://
www.federalreserve.gov. Follow the
instructions for submitting comments
on http://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: regs.comments@
federalreserve.gov. Include the reporting
form numbers in the subject line of the
message.
• FAX: 202–452–3819 or 202–452–
3102.
• Mail: Robert deV. Frierson,
Secretary, Board of Governors of the
Federal Reserve System, 20th Street and
Constitution Avenue NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at http://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper in Room MP–500 of the Board’s
Martin Building (20th and C Streets
NW.) between 9:00 a.m. and 5:00 p.m.
on weekdays.
OCC: Because paper mail in the
Washington, DC, area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email, if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention
‘‘1557–0124, Form TA–1,’’ 400 7th
Street SW., Suite 3E–218, Mail Stop
9W–11, Washington, DC 20219. In
addition, comments may be sent by fax
to 571–465–4326 or by electronic mail
to [email protected].
You may personally inspect and
photocopy comments at the OCC, 400
7th Street SW., Washington, DC 20219.
For security reasons, the OCC requires
that visitors make an appointment to
inspect comments. You may do so by
calling 202–649–6700 or, for persons
who are deaf or hard of hearing, TTY,
(202) 649–5597. Upon arrival, visitors

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37665

will be required to present valid
government-issued photo identification
and submit to security screening in
order to inspect and photocopy
comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
include any information in your
comments or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FDIC: You may submit comments,
which should refer to ‘‘Form TA–1,’’ by
any of the following methods:
• Agency Web site: https://
www.fdic.gov/regulations/laws/federal/.
Follow the instructions for submitting
comments on the FDIC Web site.
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: [email protected].
Include ‘‘Form TA–1’’ in the subject line
of the message.
• Mail: Gary A. Kuiper, Counsel,
Room MB–3016, or Manuel E. Cabeza,
Counsel, Room MB–3105, Attn:
Comments, Federal 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 550 17th Street Building
(located on F Street) on business days
between 7:00 a.m. and 5:00 p.m.
Public Inspection: All comments
received will be posted without change
to https://www.fdic.gov/regulations/
laws/federal/ including any personal
information provided.
Additionally, commenters may send a
copy of their comments to the OMB
desk officer for the agencies by mail to
the Office of Information and Regulatory
Affairs, U.S. Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street NW.,
Washington, DC 20503; by fax to 202–
395–6974; or by email to oira_
[email protected].
FOR FURTHER INFORMATION CONTACT: For
further information about the proposed
revisions to Form TA–1 discussed in
this notice, please contact any of the
agency staff whose names appear below.
In addition, copies of the current Form
TA–1 reporting form and instructions
can be obtained at the Federal Financial
Institutions Examination Council Web
site (http://www.ffiec.gov/ffiec_report_
forms.htm).
Board: Nuha Elmaghrabi, Federal
Reserve Board Clearance Officer, 202–
452–3884, Office of the Chief Data
Officer, Board of Governors of the
Federal Reserve System, 20th and C

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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

Streets NW., Washington, DC 20551.
Telecommunications Device for the Deaf
(TDD) users may call 202–263–4869.
OCC: Shaquita Merritt, OCC Clearance
Officer, 202–649–5490 or, for persons
who are deaf or hard of hearing, TTY,
(202) 649–5597, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency,
Washington, DC 20219.
FDIC: Gary Kuiper, Counsel, 202–
898–3877, or Manuel E. Cabeza,
Counsel, 202–898–3767, Federal
Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
The agencies are proposing to extend,
with minor revision, Form TA–1, which
is a currently approved collection of
information for each agency.
Report Title: Uniform Interagency
Transfer Agent Registration and
Amendment Form.
Form Number: Form TA–1.
Frequency of Response: On occasion.
Affected Public: National banks and
their subsidiaries, federal savings
associations and their subsidiaries, state
member banks (‘‘SMBs’’) and their
subsidiaries, state nonmember banks,
state savings associations, bank holding
companies (‘‘BHCs’’), certain
nondeposit trust company subsidiaries
of BHCs, and savings and loan holding
companies (‘‘SLHCs’’).
Board
OMB Number: 7100–0099.
Estimated Number of Respondents:
registrations: 2; amendments: 4.
Estimated Average Time per
Response: registrations: 1.25 hours;
amendments: 10 minutes.
Estimated Total Annual Burden: 4
hours.

Current Actions

OCC

The agencies propose to revise the
reporting instructions for Form TA–1.
The Board will require, and the FDIC
will provide the option for, respondents
to submit a Portable Document Format
(PDF) version of the form and
attachments to a designated email
address for each respective agency,
effective December 31, 2016. In
addition, the proposed revisions remove
outdated references to the OTS, clarify
the definition of a ‘‘qualifying security’’
pursuant to statutory changes, reduce
the number of Form TA–1 copies that
registrants are required to file with their
ARA to one for all agencies, require
state savings associations to file with the
FDIC, and make other minor
instructional clarifications.

OMB Number: 1557–0124.
Estimated Number of Respondents:
registrations: 1; amendments: 10.
Estimated Average Time per
Response: registrations: 1.25 hours;
amendments: 10 minutes.
Estimated Total Annual Burden: 3
hours.

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FDIC
OMB Number: 3064–0026.
Estimated Number of Respondents:
registrations: 2; amendments: 10.
Estimated Average Time per
Response: registrations: 1.25 hours;
amendments: 10 minutes.
Estimated Total Annual Burden: 4
hours.
General Description of Report
Section 17A(c) of the Security
Exchange Act of 1934 (the Act) requires

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all transfer agents for securities
registered under section 12 of the Act
or, if the security would be required to
be registered except for the exemption
from registration provided by Section
12(g)(2)(B) or Section 12(g)(2)(G), to
‘‘fil[e] with the appropriate regulatory
agency . . . an application for
registration in such form and containing
such information and documents . . . as
such appropriate regulatory agency may
prescribe as necessary or appropriate in
furtherance of the purposes of this
section.’’ 1 In general, an entity
performing transfer agent functions for a
security is required to register with its
appropriate regulatory agency (‘‘ARA’’)
if the security is registered on a national
securities exchange or if the issuer of
the security has total assets exceeding
$10 million and a class of equity
security held of record by 2,000 persons
or, for an issuer that is not a bank, BHC,
or SLHC, by 500 persons who are not
accredited investors.2 The Board’s
Regulation H (12 CFR 208.31(a)) and
Regulation Y (12 CFR 225.4(d)), the
OCC’s 12 CFR 9.20, and the FDIC’s 12
CFR part 341 implement these
provisions of the Act.
To accomplish the registration of
transfer agents, Form TA–1 was
developed in 1975 as an interagency
effort by the Securities and Exchange
Commission (SEC) and the agencies.
The agencies primarily use the data
collected on Form TA–1 to determine
whether an application for registration
should be approved, denied, accelerated
or postponed, and they use the data in
connection with their supervisory
responsibilities.

1 15
2 15

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U.S.C. 78q–1.
U.S.C. 78l(g)(1).

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Discussion of Proposed Revisions
Title III of the Dodd-Frank Act Wall
Street Reform and Consumer Protection
Act abolishes the OTS and transfers the
OTS’s functions to the OCC, the Board,
and the FDIC effective as of July 21,
2011.3 Therefore, there is no reason to
continue to refer to the OTS on Form
TA–1.
Pursuant to statutory changes,4 the
definition of a ‘qualifying security’ was
altered to include securities registered
on a national securities exchange
pursuant to Section 12(b) of the Act, as
well as equity securities registered
pursuant to Section 12(g)(1) of the Act
for issuers that have:
(a) Total assets exceeding $10 million
and a class of equity security (other than
an exempted security) held of record by
either 2,000 persons, or 500 persons
who are not accredited investors (as
such term is defined by the SEC), and
(b) In the case of an issuer that is a
bank, a savings and loan holding
company (as defined in section 10 of the
Home Owners’ Loan Act), or a bank
holding company, as such term is
defined in section 2 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841),
has total assets exceeding $10 million
and a class of equity security (other than
an exempted security) held of record by
2,000 or more persons.
Legal Basis for the Information
Collection
The agencies have determined that
Form TA–1 is mandatory and that its
collection is authorized by sections
17A(c), 17(a)(3), and 23(a)(1) of the Act,
as amended (15 U.S.C. 78q-1(c),
78q(a)(3), and 78w(a)(1)). Additionally,
Section 3(a)(34)(B) of the Act (15 U.S.C.
78c(a)(34)(B)(ii)) provides that the OCC
is the ARA in the case of a national
banks and insured Federal savings
associations, and subsidiaries of such
institutions; the Board is the ARA for
purposes of various filings by state
member banks and their subsidiaries,
BHCs, SLHCs, and certain
nondepository trust company
subsidiaries of BHCs that act as a
clearing agency or transfer agent; and
the FDIC is the ARA in the case of state
nonmember banks and state nonmember savings associations, and
subsidiaries of such institutions. The
registrations are public filings and are
not considered confidential.
3 12

U.S.C. 5301, et seq.
Fixing America’s Surface Transportation
Act § 85001, Public Law 114–94, 129 Stat. 1312,
1797 (2010), amending 15 U.S.C. 78a et seq;
Jumpstart Our Business Startups Act § 501, Public
Law 112–106, 126 Stat. 306, 325 (2012), amending
15 U.S.C. 78l(g)(1)(A).
4 See

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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

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Section 208.31 of the Board’s
regulations (12 CFR 208.31) governs
registration of transfer agents for state
member banks, and section 225.4(d) (12
CFR 225.4(d)) governs registration of
transfer agents for bank holding
companies and certain nondepository
trust company subsidiaries of BHCs that
act as a transfer agent. The Board is also
the ARA for SLHCs seeking to act as
transfer agent. Before any of these
entities may perform any transfer agent
function for a qualifying security, it
must register on Form TA–1 with the
Board and its registration must become
effective.
Section 341.3 of FDIC’s regulations
(12 CFR part 341) governs registration of
transfer agents for state nonmember
banks and state non-member savings
associations, and subsidiaries of such
institutions. Before an insured state
nonmember bank or a state savings
association and any subsidiary of such
institution may perform any transfer
agent function for a qualifying security,
it must register on Form TA–1 with the
FDIC and its registration must become
effective.
Section 9.20 of the OCC’s regulations
(12 CFR 9.20) governs registration of
transfer agents. Section 9.20(b) provides
that SEC rules pursuant to Section 17A
of the Act, prescribing operational and
reporting requirements for transfer
agents, apply to the domestic activities
of registered national bank transfer
agents. Before a national bank, Federal
savings bank, or a bank operating under
the Code of Law for the District of
Columbia, or a subsidiary of any such
bank, may perform any transfer agent
function for a qualifying security, it
must register on Form TA–1 with the
OCC and its registration must become
effective.
Request for Comment
The agencies invite comment on the
following topics related to this
collection of information:
(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

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(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 joint notice will be shared among
the agencies. All comments will become
a matter of public record.
Dated: May 24, 2016.
Mary H. Gottlieb,
Regulatory Specialist, Legislative and
Regulatory Activities Division, Office of the
Comptroller of the Currency.
Board of Governors of the Federal Reserve
System, June 3, 2016.
Robert deV. Frierson,
Secretary of the Board.
Dated at Washington, DC, this 24th day of
May, 2016.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 2016–13810 Filed 6–9–16; 8:45 am]
BILLING CODE 6714–01–P; 4810–33–P; 6210–01–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 1099–H
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:

The Department of the
Treasury, 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 proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13(44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
1099–H, Health Coverage Tax Credit
(HCTC) Advance Payments.
DATES: Written comments should be
received on or before August 9, 2016. to
be assured of consideration.
ADDRESSES: Direct all written comments
to Tuawana Pinkston, Internal Revenue
Service, Room 6528, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to R. Joseph Durbala,
at Internal Revenue Service, Room 6129,
1111 Constitution Avenue NW.,
Washington, DC 20224, or at (202) 317–
5746, or through the internet at
[email protected].
SUMMARY:

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SUPPLEMENTARY INFORMATION:

Title: Health Coverage Tax Credit
(HCTC) Advance Payments.
OMB Number: 1545–1813.
Form Number: Form 1099–H.
Abstract: Form 1099–H is used to
report advance payments of health
insurance premiums to qualified
recipients for their use in computing the
allowable health insurance credit on
Form 8885.
Current Actions: There are no changes
being made to the form at this time.
However, the estimated number of
responses is being decreased as a result
of updated filing estimates.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit organizations.
Estimated Number of Responses:
49,000.
Estimated Time per Respondent: 18
minutes.
Estimated Total Annual Burden
Hours: 14,700.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information 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.

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