Final (30-day) Federal Register Notice

FR2 0184 - Volcker 88 FR 47500 July 24 2023 2023.pdf

Volcker Rule Restrictions on Proprietary Trading and Relationships with Hedge Funds and Private Equity Funds

Final (30-day) Federal Register Notice

OMB: 3064-0184

Document [pdf]
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47500

Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices

responses is 56,055,890 (55,356,286
system responses plus 699,604 primacy
agency responses).
Total estimated burden: The total net
annual respondent burden associated
with this ICR is estimated to be
9,660,286 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
Total estimated cost: The total net
annual costs are estimated to be
$641,162,423 per year.
Changes in Estimates: There is an
increase between 25,592,837 and
25,809,781 hours 6 in the total estimated
respondent burden compared with the
ICR currently approved by OMB. This
increase is primarily due to the differing
ICR burden estimation windows. The
previous ICR covered the first three
years after the promulgation of the
LCRR when PWSs and primacy agencies
should be engaged in the regulatory
startup/implementation activities
identified in the original ‘‘Information
Collection Request for Lead and Copper
Rule Revisions (LCRR)’’ or the currently
approved ICR. These activities include
reading and understanding the LCRR,
assigning personnel and resources for
rule implementation, attending training
and receiving technical assistance from
the State, developing initial LSL
inventories and submitting
demonstrations that systems only have
non-lead service lines (where
applicable), and conferring with
primacy agencies on initial planning for
LSLR and preparing an LSLR plan when
LSLs are present. During this same
period, primacy agencies should be
conducing startup activities that include
adopting the rule and developing a
program to implement it, modifying
their data systems, providing system
staff with training and technical
assistance, providing internal staff with
training for implementation, assisting
with initial LSL inventories and
reviewing initial inventories, reviewing
demonstrations of only non-lead service
lines from systems, and conferring with
systems on initial planning for LSLR
and reviewing the LSLR plan. This
proposed ICR covers these same

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6 The currently approved ICR provided a total
burden range of 3,171,076 to 3,388,020 hours. The
current analysis provides only a single high-end
estimate of 28,980,857 hours.

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activities from the currently approved
ICR in the first year of this ICR renewal
period (2024), but in the next two years
(2025 and 2026) of the ICR, both
systems and primacy agencies must
work to implement a number of ongoing
and additional regulatory requirements
including ongoing rule implementation
and administration, lead and copper tap
monitoring, corrosion control treatment,
find-and-fix, water quality parameter
monitoring, source water monitoring,
LSL inventory updates, LSL
replacement, small system POU
treatment as a compliance alternative,
lead public education and outreach,
public notification, and lead in drinking
water testing programs at schools and
child care facilities. During this same
period, the burden and cost to primacy
agencies stems from their review and
oversite activities associated with this
larger set of the PWS requirements for
2025 and 2026. A relatively small
increase in burden is associated with
systems and primacy agencies
voluntarily following recommendations
associated with EPA’s SL Inventory
Guidance. Approximately 3 million
hours of the total burden increase is
attributable to inventory guidance
activities not already covered by the
original LCRR impact analysis.
Jennifer McLain,
Director, Office of Ground Water and Drinking
Water.
[FR Doc. 2023–15616 Filed 7–21–23; 8:45 am]
BILLING CODE 6560–50–P

FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0176; –0184]

Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
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 request to renew the

SUMMARY:

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existing information collections
described below (OMB Control No.
3064–0176; –0184). The notices of the
proposed renewal for these information
collections were previously published
in the Federal Register on June 1, 2023,
allowing for a 60-day comment period.
DATES: Comments must be submitted on
or before August 23, 2023.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
• 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 NW building
(located on F Street NW), 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 collection of
information:
1. Title: Reverse Mortgage Products.
OMB Number: 3064–0176.
Forms: None.
Affected Public: Insured state
nonmember banks and state savings
associations making reverse mortgage.
Burden Estimate:

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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0176]
Number of
responses per
respondent

Annual
burden
(hours)

Type of burden
(frequency of response)

1. Reverse Mortgage Products—Implementation,
12 CFR 365 (Mandatory).
2. Reverse Mortgage Products—Ongoing, 12
CFR 365 (Mandatory).

Recordkeeping .............

1

1

40:00

40

Recordkeeping .............

30

1

08:00

240

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

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

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

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

280

Total Annual Burden (Hours) ........................

Number of
respondents

Time per
response
(HH:MM)

Information collection
(obligation to respond)

Source: FDIC.

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
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.
2. Title: Volcker Rule Restrictions on
Proprietary Trading and Relationships

with Hedge Funds and Private Equity
Funds.
OMB Number: 3064–0184.
Forms: None.
Affected Public: Private Sector;
Insured state nonmember banks and
state savings associations.
Burden Estimate:

TABLE 1—SUMMARY OF ESTIMATED IMPLEMENTATION/SET-UP ANNUAL BURDEN

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[OMB No. 3064–0184]
Information collection
(obligation to respond)

Type of burden
(frequency of response)

1. Section 351.4(c)(3)(i)—Limit Breaches and Increases (Mandatory).
2. Section 351.20(d)—Requirements under Appendix A for Covered Banks with Significant
Trading Assets & Liabilities (Mandatory).
3. Section 351.20(i)—Notice and Response (Voluntary).
4. Section 351.3(d)(3)—Purchase and sale of securities in Accordance with liquidity management plans (Mandatory).
5. Section 351.4(b)(3)(i)(A)—Trading Desk Documentation (Mandatory).
6. Section 351.4(c)(3)(i)—Limit Breaches and Increases (Mandatory).
7. Section 351.5(c)—Hedging Instruments Documentation (Mandatory).
8. Section 351.10(c)(18)(ii)(C)(1)—Customer facilitation vehicles (Mandatory).
9. Section 351.11(a)(2)—Documentation on advisory or related services to customers (Mandatory).
10. Section 351.20(b)—Compliance Program for
Covered Banks with Significant Trading Assets
& Liabilities (Mandatory).
11. Section 351.20(c)—CEO attestation for Covered Banks with Significant Trading Assets &
Liabilities (Mandatory).
12. Section 351.20(d)—Requirements under Appendix A for Covered Banks with Significant
Trading Assets & Liabilities (Mandatory).
13. Section 351.20(e)—Additional documentation
for covered funds for Covered Banks with Significant Trading Assets & Liabilities (Mandatory).
14. Section 351.20(f)(1)—Simplified compliance
program for Covered Banks with no trading assets or liabilities (Mandatory).
15. Section 351.20(f)(2)—Simplified compliance
program for Covered Banks with moderate
trading assets and liabilities (Mandatory).

Reporting (On occasion).
Reporting (Quarterly) ....

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Number of
responses per
respondent

Number of
respondents

Time per
response
(HH:MM)

Annual
burden (hours)

1

1

00:15

0

1

1

125:00

125

Reporting (On occasion).
Recordkeeping (On occasion).

1

1

20:00

20

1

1

3:00

3

Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).

(On oc-

1

1

2:00

2

(On oc-

1

1

00:15

0

(On oc-

1

1

80:00

80

(On oc-

1

1

10:00

10

(On oc-

1

1

10:00

10

Recordkeeping (On occasion).

1

1

795:00

795

Recordkeeping (Annual)

1

1

300:00

300

Recordkeeping (On occasion).

1

1

10:00

10

Recordkeeping (On occasion).

1

1

200:00

200

Recordkeeping (On occasion).

1

1

8:00

8

Recordkeeping (On occasion).

1

1

100:00

100

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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices
TABLE 1—SUMMARY OF ESTIMATED IMPLEMENTATION/SET-UP ANNUAL BURDEN—Continued
[OMB No. 3064–0184]
Information collection
(obligation to respond)

Type of burden
(frequency of response)

16. Section 351.11(a)(8)(i)—Offerings disclosures (Mandatory).
Estimated Implementation Annual Burden
(Hours).

Third-party Disclosure
(On Occasion).
.......................................

Number of
responses per
respondent

Number of
respondents

Time per
response
(HH:MM)

Annual
burden (hours)

1

1

00:30

1

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

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

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

1,664

Source: FDIC.
Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.

TABLE 2—SUMMARY OF ESTIMATED ONGOING ANNUAL BURDEN

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[OMB No. 3064–0184]
Information collection
(obligation to respond)

Type of burden
(frequency of response)

1. Section 351.4(c)(3)(i)—Limit Breaches and Increases (Mandatory).
2. Section 351.20(d)—Requirements under Appendix A for Covered Banks with Significant
Trading Assets & Liabilities (Mandatory).
3. Section 351.20(i)—Notice and Response (Voluntary).
4. Section 351.3(d)(3)—Purchase and sale of securities in Accordance with liquidity management plans (Mandatory).
5. Section 351.4(b)(3)(i)(A)—Trading Desk Documentation (Mandatory).
6. Section 351.4(c)(3)(i)—Limit Breaches and Increases (Mandatory).
7. Section 351.5(c)—Hedging Instruments Documentation (Mandatory).
8. Section 351.10(c)(18)(ii)(C)(1)—Customer facilitation vehicles (Mandatory).
9. Section 351.11(a)(2)—Documentation on advisory or related services to customers (Mandatory).
10. Section 351.20(b)—Compliance Program for
Covered Banks with Significant Trading Assets
& Liabilities (Mandatory).
11. Section 351.20(c)—CEO attestation for Covered Banks with Significant Trading Assets &
Liabilities (Mandatory).
12. Section 351.20(d)—Requirements under Appendix A for Covered Banks with Significant
Trading Assets & Liabilities (Mandatory).
13. Section 351.20(e)—Additional documentation
for covered funds for Covered Banks with Significant Trading Assets & Liabilities (Mandatory).
14. Section 351.20(f)(1)—Simplified compliance
program for Covered Banks with no trading assets or liabilities (Mandatory).
15. Section 351.20(f)(2)—Simplified compliance
program for Covered Banks with moderate
trading assets and liabilities (Mandatory).
16. Section 351.11(a)(8)(i)—Offerings disclosures (Mandatory).

Reporting (On occasion).
Reporting (Quarterly) ....

Estimated Ongoing Annual Burden (Hours) ..

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

Number of
responses per
respondent

Number of
respondents

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PO 00000

Annual
burden
(hours)

7

20

00:15

35

2

4

41:00

328

Reporting (On occasion).
Recordkeeping (On occasion).

7

1

20:00

140

7

1

1:00

7

Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).
Recordkeeping
casion).

(On oc-

7

4

2:00

56

(On oc-

7

40

00:15

70

(On oc-

2

1

80:00

160

(On oc-

7

1

10:00

70

(On oc-

7

1

10:00

70

Recordkeeping (On occasion).

2

1

265:00

530

Recordkeeping (Annual)

2

1

100:00

200

Recordkeeping (On occasion).

2

1

10:00

20

Recordkeeping (On occasion).

2

1

200:00

400

Recordkeeping (On occasion).

1

1

8:00

8

Recordkeeping (On occasion).

5

1

40:00

200

Third-party Disclosure
(On Occasion).

7

26

00:30

91

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

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

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

2,385

Source: FDIC.

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(HH:MM)

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Federal Register / Vol. 88, No. 140 / Monday, July 24, 2023 / Notices

47503

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Note: The annual burden estimate for a given collection is calculated in two steps. First, the total number of annual responses is calculated as
the whole number closest to the product of the annual number of respondents and the annual number of responses per respondent. Then, the
total number of annual responses is multiplied by the time per response and rounded to the nearest hour to obtain the estimated annual burden
for that collection. This rounding ensures the annual burden hours in the table are consistent with the values recorded in the OMB’s regulatory
tracking system.

OMB No. 3064–0184 Total Estimated
Annual Burden (Hours): 4,049.
General Description of Collection:
Section 13 of the Bank Holding
Company Act of 1956 (section 13)
contains certain restrictions on the
ability of a banking entity to engage in
proprietary trading and to have certain
interests in, or relationships with, a
hedge fund or private equity fund. The
FDIC’s regulations at 12 CFR part 351
(part 351) implement section 13 with
respect to FDIC-supervised insured
depository institutions (IDIs). The
requirements in part 351 do not apply
to FDIC-supervised IDIs that have, and
if every company that controls it has,
total consolidated assets of $10 billion
or less and total trading assets and
trading liabilities, that are five percent
or less of total consolidated assets.1 Part
351 contains provisions that constitute
information collections (ICs) under the
Paperwork Reduction Act
corresponding to policies, rules, and
regulations regarding periodic reporting
requirements, documentation of trading
activities and compliance programs, and
various other recordkeeping and
disclosure requirements for FDICsupervised IDIs that are subject to the
requirements of part 351 (covered bank).
There is no change in the substance
or methodology of this information
collection. The estimated annual burden
for this information collection is 4,049
hours. This is an increase of 856 hours
from the total estimated annual burden
of 3,193 hours submitted in 2020. As
was the case in 2020, the FDIC assumes
that all covered banks have completed
the implementation portions of this
information collection. Thus, the
current estimated annual
implementation burden is identical to
the estimated annual implementation
burden in 2020 (1,664 hours).
The increase in burden is driven
entirely by the increase in the total
annual ongoing burden which is now
estimated to be 2,385 hours, an increase
of 856 hours from the estimated annual
burden used in 2020 (1,529 hours).
Specifically, the number of covered
banks considered to have ‘‘significant’’
trading assets and liabilities has
increased from one in 2020 to two in the
current estimate. Generally, the ICs that
apply only to these covered banks—
such as those under §§ 351.20(a)—

1

351.20(e)—have the highest estimated
time per response, and an increase in
the number of respondents will lead to
a correspondingly large increase in the
total estimated annual burden. This
increase is attenuated by a decrease in
the total number of covered banks with
‘‘moderate’’ or ‘‘significant’’ trading
assets and liabilities from ten in the
2020 ICR to seven in this ICR, which has
led to a corresponding decrease in the
total estimated annual burden for those
line items that apply to all covered
banks with ‘‘moderate’’ or ‘‘significant’’
trading assets and liabilities. The total
estimated annual hourly burden for both
implementation and ongoing
compliance is shown in Tables 1 and 2
above.
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: July 18, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–15565 Filed 7–21–23; 8:45 am]
BILLING CODE 6714–01–P

FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0143; –0204]

Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:

The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described below
(OMB Control No. 3064–0143 and
–0204).

SUMMARY:

Comments must be submitted on
or before September 22, 2023.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
• 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 NW building
(located on F Street NW), 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, 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 collection of
information:
1. Title: Forms Relating to Processing
Deposit Insurance Claims.
OMB Number: 3064–0143.
Affected Public: Private sector
individuals and entities maintaining
deposits at insured depository
institutions.
Burden Estimate:
DATES:

12 CFR 351.2(r)(2).

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