30-Day Federal Register Notice

FR2-0175 Guidance on Incentive Compensation Policies 85 FR 31500 May 26 2020.pdf

Interagency Guidance on Sound Incentive Compensation Policies

30-Day Federal Register Notice

OMB: 3064-0175

Document [pdf]
Download: pdf | pdf
31500

Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices

the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
1. In the Auction 105 Procedures
Public Notice, 85 FR 22622, April 23,
2020, the Commission adopted a
methodology for calculating bidding
units and upfront payment and
minimum opening bid amounts for the
county-based licenses to be offered in
Auction 105 that is based on population
and bandwidth. An ‘‘Attachment A’’ file
listing the bidding units, upfront
payment amount, and minimum
opening bid amount for each license
was made available on the Auction 105
website at www.fcc.gov/auction/105 and
labeled as ‘‘Adopted (3/2/2020).’’ The
Wireless Telecommunications Bureau
(Bureau) and the Office of Economics
and Analytics (OEA) now announce the
availability of an updated version of this
file.
2. Consistent with the Commission’s
decision regarding county-based license
areas in the 2018 3.5 GHz Order, 83 FR
63076, December 7, 2018, and with
existing Commission policies and
procedures used in prior auctions, the
Bureau and OEA attributed the 2010
decennial census population figures to
the county legal boundaries as of
January 1, 2017, and used the resulting
population figures for calculating
bidding units, upfront payment
amounts, and minimum opening bid
amounts for the licenses to be offered in
Auction 105. The Bureau and OEA
recently became aware of anomalies in
those population figures for 95 of these
license areas and have corrected the
Attachment A file. Specifically, the
population has been changed in the
updated file for all 91 license areas in
American Samoa, Guam, the
Commonwealth of the Northern Mariana
Islands, Puerto Rico, and the U.S. Virgin
Islands, as well as for three areas in
Alaska and one area in Virginia. In all
but a few of those cases (where the
change in population was relatively
small), the bidding units, upfront
payment amounts, and minimum
opening bid amounts have changed
accordingly. The revised numbers are

higher for some areas and lower for
others.
3. The updated file is available on the
Auction 105 website at www.fcc.gov/
auction/105 at the ‘‘Updated (May 18,
2020)’’ link under the ‘‘Attachment A
Files’’ heading. Corresponding updates
will also be made to the FCC Form 175
including the bidding unit data
provided for the license areas and in the
upfront payment calculator. The
updates to the FCC Form 175 will be
made before the resubmission window
opens. When making upfront payments
applicants are reminded to check their
calculations carefully, based on the
updated figures, because there is no
provision for increasing a bidder’s
eligibility after the upfront payment
deadline.
Federal Communications Commission.
Gary Michaels,
Deputy Chief, Auctions Division, Office of
Economics and Analytics.
[FR Doc. 2020–11193 Filed 5–22–20; 8:45 am]
BILLING CODE 6712–01–P

FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0057; –0112; –0127; –0140;
and –0175]

Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Agency information collection
activities: submission for OMB Review;
comment request.
AGENCY:

The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995, invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described
below. On March 17, 2020, the FDIC
requested comment for 60 days on a
proposal to renew these information
collections. No comments were
received. The FDIC hereby gives notice

SUMMARY:

of its plan to submit to OMB a request
to approve the renewal of these
information collections, and again
invites comment on their renewal.
DATES: Comments must be submitted on
or before June 25, 2020.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• https://www.FDIC.gov/regulations/
laws/federal.
• Email: [email protected]. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
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 17th Street Building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, [email protected], MB–
3128, 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: Quarterly Certified Statement
Invoice for Deposit Insurance
Assessment.
OMB Number: 3064–0057.
Affected Public: FDIC-insured
depository institutions.
Burden Estimate:

SUMMARY OF ANNUAL BURDEN
Information collection description

Type of burden

Obligation
to respond

Certified Statement for Quarterly Deposit Insurance
Assessment (FDIC Form 6420/07).

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

Mandatory .........

Total Estimated Annual Burden:
7,011 hours.

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Estimated
number of
respondents
5,258

General Description of Collection: The
FDIC collects deposit insurance
assessments on a quarterly basis. Each

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Estimated
frequency of
responses
Quarterly ............

Estimated
time per
response
(minutes)

Estimated
annual
burden
(hours)
20

quarterly assessment is based on an
insured depository institution’s
quarterly report of condition for the

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7,011

31501

Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
prior calendar quarter. The FDIC
collects the quarterly assessment
payments by means of direct debits
through the Automated Clearing House
network. The information collection
consists of the reporting requirement
associated with certifying the review by
officials of the insured institutions to
confirm that the assessment data are

collection to the current estimate of
5,258. The decrease in estimated
respondents is the result of the drop in
the total number of insured depository
institutions.
2. Title: Real Estate Lending
Standards.
OMB Number: 3064–0112.

accurate and, in cases of inaccuracy,
submission of corrected data.
There is no change in the substance
or methodology of this information
collection. The change in burden is due
solely to the decrease in the estimated
number of respondents by 823 from the
estimated 6,081 annual respondents in
the currently-approved information

SUMMARY OF ANNUAL BURDEN
Information collection description

Type of
burden

Obligation
to respond

Real Estate Lending Standards .....................................

Recordkeeping ..

Mandatory .........

Total Estimated Annual Burden:
66,880 hours.
Affected Public: Insured state
nonmember banks and state savings
associations.
Burden Estimate:
General Description of Collection:
Section 1828(o) of the Federal Deposit
Insurance Act requires each federal
banking agency to adopt uniform
regulations prescribing real estate
lending standards. Part 365 of the FDIC
Rules and Regulations, which
implements section 1828(o), requires
institutions to have real estate lending
policies that include (a) limits and
standards consistent with safe and
sound banking practices; (b) prudent
underwriting standards, including loanto-value ratio (LTV) limits that are clear

Estimated
number of
respondents

Estimated
frequency of
responses

3,344

and measurable; (c) loan administration
policies; (d) documentation, approval
and reporting requirements; and (e) a
requirement for annual review and
approval by the board of directors. The
rule also establishes supervisory LTV
limits and other underwriting
considerations in the form of guidelines.
Since banks generally have written
policies on real estate lending, the
additional burden imposed by this
regulation is limited to modifications to
existing policies necessary to bring
those policies into compliance with the
regulation and the development of a
system to report loans in excess of the
guidelines to the board of directors.
There is no change in the substance
or methodology of this information

Estimated
time per
response
(Hours)

On Occasion .....

Estimated A
annual
burden
(Hours)
20

66,880

collection. The change in burden is due
solely to the decrease in the estimated
number of respondents by 534 from the
estimated 3,878 annual respondents in
the currently-approved information
collection to the current estimate of
3,344. The decrease in estimated
respondents is the result of the drop in
the total number of FDIC-supervised
institutions.
3. Title: Fast-Track Generic Clearance
for the Collection of Qualitative
Feedback.
OMB Number: 3064–0127.
Affected Public: General public
including FDIC insured depository
institutions.
Burden Estimate:

SUMMARY OF ANNUAL BURDEN
Information collection description

Type of burden

Obligation
to respond

Occasional Qualitative Surveys .........................................

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

Voluntary ...........

Total Estimated Annual Burden:
17,000 hours.
General Description of Collection: The
FDIC is requesting renewal of this
approved collection to use occasional
qualitative surveys to gather information
from the public. While the subject and
nature of the surveys to be deployed
under this information collection are yet
to be determined, based on prior
experience it is expected that the
number of respondents will range from
a few to, at times several thousands, but,
in general, these surveys are expected to
involve an average of 850 respondents.
Likewise, the time to respond to the
surveys can range from a few minutes to
several hours. It is expected that the
average time to respond to a survey is
approximately one hour. These surveys
are completely voluntary in nature.

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Estimated
number of
respondents
850

FDIC estimates that approximately 20
such surveys will be conducted in any
given year.
The purpose of the surveys is, in
general terms, to obtain anecdotal
information about regulatory burden,
problems or successes in the bank
supervisory process (including both
safety-and-soundness and consumerrelated exams), the perceived need for
regulatory or statutory change, and
similar concerns. The information in
these surveys is anecdotal in nature,
that is, samples are not necessarily
random, the results are not necessarily
representative of a larger class of
potential respondents, and the goal is
not to produce a statistically valid and
reliable database. Rather, the surveys are
expected to yield anecdotal information
about the particular experiences and

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Estimated
frequency of
responses
20

Estimated
time per
response
(hours)

Estimated
annual
burden
(hours)
1

17,000

opinions of members of the public,
primarily staff at respondent banks or
bank customers. The information is
used to improve the way FDIC relates to
its clients, to develop agendas for
regulatory or statutory change, and in
some cases simply to learn how
particular policies or programs are
working, or are perceived in particular
cases.
There is no change in the substance
or methodology of this information
collection. The change in burden is due
solely to an increase in the estimated
number of surveys to be deployed
annually under this information
collection. The increase in frequency
from 15 to 20 surveys per year, resulted
in an increase of 4,250 hours in total
estimated annual burden from 12,750
hours to 17,000 hours.

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Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices

4. Title: Insurance Sales Consumer
Protection.
OMB Number: 3064–0140.
Affected Public: Insured State
nonmember banks and savings

associations that sell insurance
products; persons who sell insurance
products in or on behalf of insured State
nonmember banks and savings
associations.

Type of Burden: Third-party
disclosure.
Obligation to Respond: Mandatory.
Burden Estimate:

SUMMARY OF ANNUAL BURDEN
Information collection description

Obligation
to respond

Type of burden

Insurance Sales Consumer Protections ........................

Total Estimated Annual Burden:
10,730.
General Description of Collection:
Respondents must prepare and provide
certain disclosures to consumers (e.g.,
that insurance products and annuities
are not FDIC-insured) and obtain
consumer acknowledgments, at two
different times: (1) Before the
completion of the initial sale of an
insurance product or annuity to a
consumer; and (2) at the time of

Third Party Disclosure.

Estimated
number of
respondents

Mandatory .........

Estimated
time per
response
(hours)

Estimated
frequency of
responses

2,146

application for the extension of credit (if
insurance products or annuities are
sold, solicited, advertised, or offered in
connection with an extension of credit).
There is no change in the substance
or methodology of this information
collection. The change in burden is due
solely to an increase in the estimated
number of respondents which is derived
from Call Report data indicating the
number of by institutions offering
insurance products. The number of

On Occasion .....

Estimated
annual
burden
(hours)
5

10,730

respondents increased by 126 from
2,020 to 2,146.
5. Title: Interagency Guidance on
Sound Incentive Compensation
Practices.
OMB Number: 3064–0175.
Affected Public: Insured state
nonmember banks and state savings
associations.
Obligation to Respond: Voluntary.
Burden Estimate:

SUMMARY OF ANNUAL BURDEN
Estimated
number of
respondents

Type of
burden

Estimated
number of
responses

Estimated time
per response
(hours)

Frequency of
response

Total
annual
estimated
burden
(hours)

Document policies and procedures (Implementation) .......
Annual maintenance of policies and procedures (Ongoing).

Recordkeeping ..
Recordkeeping ..

1
2,164

1
1

40
2

Annual ...............
Annual ...............

40
4,328

Total Hourly Burden ...................................................

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

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

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

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

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

4,368

Methodology and Assumptions:
Previously, each institution supervised
by the FDIC was estimated to spend 40
hours per year maintaining a record of
its policies and procedures regarding
incentive based compensation.
However, while an institution without
any such policies and procedures may
take 40 hours to completely document
them for the first time, after performing
the initial documentation, unless an
institution needs to revise its policies
and procedures, there should be no
further recordkeeping burden. FDIC is
using one respondent as a placeholder
to represent any institution that adopt
incentive based compensation for the
first time. The estimate of 40 hours
remains unchanged from the 2017
estimate. Supervisory experience shows
that approximately 65% of large FDICsupervised institutions revise their
incentive-based compensation policies
and procedures annually. FDIC
estimates it takes approximately 2 hours
for an institution to update its record of
its policies and procedures related to
incentive compensation. While a

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majority of the institutions supervised
by the FDIC are small, and may not use
incentive based compensation, or may
use incentive based compensation
arrangements less complex than those
used at large institutions, FDIC assumes
that each year approximately 65 percent
of FDIC-supervised institutions will
spend approximately 2 hours each
revising their records of their incentive
based compensation policies and
procedures. As of December 31, 2019,
the FDIC supervised 3,344 institutions.
FDIC assumes that 2,164 (65%) of those
institutions will revise their records of
incentive based compensation policies
and procedures each year.
General Description of Collection:
This Guidance helps promote that
incentive compensation policies at
insured state non-member banks do not
encourage excessive risk-taking and are
consistent with the safety and
soundness of the organization. Under
this Guidance, banks are encouraged to:
(i) Have policies and procedures that
identify and describe the role(s) of the
personnel and units authorized to be

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involved in incentive compensation
arrangements, identify the source of
significant risk-related inputs, establish
appropriate controls governing these
inputs to help ensure their integrity, and
identify the individual(s) and unit(s)
whose approval is necessary for the
establishment or modification of
incentive compensation arrangements;
(ii) create and maintain sufficient
documentation to permit an audit of the
organization’s processes for incentive
compensation arrangements; (iii) have
any material exceptions or adjustments
to the incentive compensation
arrangements established for senior
executives approved and documented
by its board of directors; and (iv) have
its board of directors receive and
review, on an annual or more frequent
basis, an assessment by management of
the effectiveness of the design and
operation of the organization’s incentive
compensation system in providing risktaking incentives that are consistent
with the organization’s safety and
soundness.

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Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
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 collection,
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 collection 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.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on May 20, 2020.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2020–11223 Filed 5–22–20; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL RESERVE SYSTEM
Solicitation of Applications for
Membership on the Community
Advisory Council Extension of
Application Period
Board of Governors of the
Federal Reserve System.
SUMMARY: On March 27, 2020 the Board
published in the Federal Register a
notice seeking applications for
membership on the Community
Advisory Council (CAC). The
application period for this notice has
been extended in light of ongoing
challenges for households and
businesses caused by the COVID–19
emergency in order to provide
additional opportunity for interested
persons to submit their application. The
application period for individuals who
wish to serve as CAC members has been
extended until July 3, 2020.
DATES: The application for membership
on the Community Advisory Council
published on March 27, 2020, (85 FR
17331), has been extended from June 5,
2020 to July 3, 2020.
ADDRESSES: Individuals who are
interested in being considered for the
CAC may submit an application by any
of the means identified in the
solicitation notice.1 Please submit your
application using only one method.
FOR FURTHER INFORMATION CONTACT:
Jennifer Fernandez, Community
Development Analyst, Division of
AGENCY:

1 See,

85 FR 17331 (March 27, 2020).

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19:08 May 22, 2020

Jkt 250001

Consumer and Community Affairs,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Ave. NW, Washington, DC
20551, or (202) 452–2412, or CCA-CAC@
frb.gov. Telecommunications Device for
the Deaf (TDD) users may contact (202)
263–4869.
SUPPLEMENTARY INFORMATION: The Board
created the Community Advisory
Council (CAC) as an advisory committee
to the Board on issues affecting
consumers and communities. On March
27, 2020 at 85 FR 17331, the Board
published in the Federal Register a
notice seeking applications for
membership on the CAC. That
document stated that the application
period would close on June 5, 2020. In
light of ongoing challenges for
households and businesses caused by
the COVID–19 emergency, the
application period for individuals who
wish to be considered as CAC members
has been extended in order to provide
additional opportunity for interested
persons to submit their application.
Accordingly, applications now received
between Monday, April 6, 2020 and
Friday, July 3, 2020 will be considered
for selection to the Community
Advisory Council for terms beginning
January 1, 2021.
By order of the Board of Governors of the
Federal Reserve System, acting through the
Director of the Division of Consumer and
Community Affairs under delegated
authority.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2020–11186 Filed 5–22–20; 8:45 am]
BILLING CODE 6210–01–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Amendment and Extension of Order
Under Sections 362 and 365 of the
Public Health Service Act; Order
Suspending Introduction of Certain
Persons From Countries Where a
Communicable Disease Exists
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice.
AGENCY:

The Centers for Disease
Control and Prevention (CDC), a
component of the Department of Health
and Human Services (HHS), announces
the amendment of an Order issued on
March 20, 2020 and extended on April
20, 2020 under Sections 362 and 365 of

SUMMARY:

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31503

the Public Health Service Act, and
associated implementing regulations,
that temporarily suspends the
introduction of certain aliens based on
the Director’s determination that
introduction of aliens, regardless of
their country of origin, migrating
through Canada and Mexico into the
United States creates a serious danger of
the introduction of COVID–19 into the
United States, and the danger is so
increased by the introduction of such
aliens that a temporary suspension is
necessary to protect the public health.
This amendment and extension was
issued on May 20, 2020 and shall
remain in effect until the CDC Director
determines that the danger of further
introduction of COVID–19 into the
United States from covered aliens has
ceased to be a serious danger to the
public health, and the Order is no
longer necessary to protect the public
health. CDC shall review the latest
information regarding the status of the
COVID–19 pandemic and associated
public health risks every thirty days to
ensure that the Order remains necessary
to protect the public health.
DATES: This action is effective 12:00
a.m. EDT May 21, 2020.
FOR FURTHER INFORMATION CONTACT: Kyle
McGowan, Office of the Chief of Staff,
Centers for Disease Control and
Prevention, 1600 Clifton Road NE, MS
V18–2, Atlanta, GA 30329. Phone: 404–
639–7000. Email: cdcregulations@
cdc.gov.
SUPPLEMENTARY INFORMATION:
March 20, 2020 Order
On March 20, 2020, the Director of the
Centers for Disease Control and
Prevention issued an Order temporarily
suspending the introduction of certain
aliens from Canada and Mexico,
including certain aliens who migrate to
the United States across the land
borders with Canada and Mexico,
because the introduction of such aliens
creates a serious danger of the
introduction of such disease into the
United States, and the danger is so
increased by the introduction of such
aliens that a temporary suspension is
necessary to protect the public health
(85 FR 17060). The Order suspended the
introduction of certain persons into the
United States for a period of 30 days.
April 20, 2020 Order
On April 20, 2020, the Director of
CDC extended the March 20, 2020 Order
until 11:59 p.m. EDT on May 20, 2020
(85 FR 22424). The April 20, 2020
extension found that the determinations
of the March 20, 2020 Order remain
correct, and further determined that the

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