Recordkeeping and Disclosure Requirements Associated with Regulation H (Securities Transactions by State Member Banks)

Forms and Documents

Document	Type	Status	Availability
FRH3_20240227_omb.pdf	Supporting Statement A	Uploaded 2024-02-27	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
36201	Recordkeeping Section 208.34(g) State member banks (de novo) Establish policies and procedures		Unchanged
246023	Disclosure Section 208.34(g) Officers and employees of state member banks with trust departments Employee quarterly report		Unchanged
193339	Disclosure Section 208.34(d) State member banks without trust departments Securities transactions		Unchanged
181520	Disclosure Section 208.34(d) State member banks with trust departments Securities transactions		Unchanged
180968	Recordkeeping Section 208.34(g) State member banks without trust departments Policies and procedures		Unchanged
180967	Recordkeeping Section 208.34(c) State member banks without trust departments Securities transactions		Unchanged
180966	Recordkeeping Section 208.34(g) State member banks with trust departments Employee quarterly report		Unchanged
180965	Recordkeeping Section 208.34(g) State member banks with trust departments Policies and procedures		Unchanged
180964	Recordkeeping Section 208.34(c) State member banks with trust departments Securities transactions		Unchanged

ICR Details

OMB Control No: 7100-0196	ICR Reference No: 202402-7100-004
Status: Active	Previous ICR Reference No: 202402-7100-003
Agency/Subagency: FRS	Agency Tracking No: FR H-3
Title: Recordkeeping and Disclosure Requirements Associated with Regulation H (Securities Transactions by State Member Banks)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/27/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/27/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2027	36 Months From Approved	02/29/2024
Responses	36,681	0	36,681
Time Burden (Hours)	100,774	0	100,774
Cost Burden (Dollars)	0	0	0

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Abstract: Section 15C of the Securities Exchange Act of 1934 (the Act) establishes federal regulation of brokers and dealers of government securities, including banks and other financial institutions, and directs those brokers and dealers to keep certain records. These requirements are implemented for state member banks in section 208.34 of the Board’s Regulation H - Membership of State Banking Institutions in the Federal Reserve System (12 CFR Part 208), which requires that non-exempt state member banks effecting securities transactions for customers establish and maintain a system of records of these transactions, furnish confirmations of transactions to customers that disclose certain information, and establish written policies and procedures relating to securities trading. Regulation H also indirectly imposes certain disclosure requirements on certain state member bank employees and officers.

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Authorizing Statute(s): US Code: 12 USC 248(a) Name of Law: Federal Reserve Act
   US Code: 12 USC 324 Name of Law: Federal Reserve Act
   US Code: 15 USC 78w Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 62366	09/11/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 5543	01/29/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Disclosure Section 208.34(d) State member banks with trust departments Securities transactions
Disclosure Section 208.34(d) State member banks without trust departments Securities transactions
Disclosure Section 208.34(g) Officers and employees of state member banks with trust departments Employee quarterly report
Recordkeeping Section 208.34(c) State member banks with trust departments Securities transactions
Recordkeeping Section 208.34(c) State member banks without trust departments Securities transactions
Recordkeeping Section 208.34(g) State member banks (de novo) Establish policies and procedures
Recordkeeping Section 208.34(g) State member banks with trust departments Employee quarterly report
Recordkeeping Section 208.34(g) State member banks with trust departments Policies and procedures
Recordkeeping Section 208.34(g) State member banks without trust departments Policies and procedures

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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	36,681	36,681	0	0	0	0
Annual Time Burden (Hours)	100,774	100,774	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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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? No

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Common Form ICR:  No

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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: 02/27/2024

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