18529Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices
SUPPLEMENTARY INFORMATION: This is a
summary of the Second Order on
Reconsideration of the Second Report
and Order released on March 26, 2008.
The complete text of the Second Order
on Reconsideration of the Second
Report and Order is available for public
inspection and copying from 8 a.m. to
4:30 p.m. ET Monday through Thursday
or from 8 a.m. to 11:30 a.m. ET on
Fridays in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. The Second
Order on Reconsideration of the Second
Report and Order may be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or you may contact BCPI
at its Web site: http://
www.BCPIWEB.com. When ordering
documents from BCPI, please provide
the appropriate FCC document number,
for example, FCC 08–92. The Second
Order on Reconsideration of the Second
Report and Order is also available on
the Internet at the Commission’s Web
site: http://wireless.fcc.gov/auctions.
Overview
1. The Second Order on
Reconsideration of the Second Report
and Order formally denies a Petition for
Expedited Reconsideration (Petition)
filed by Council Tree Communications,
Inc., Bethel Native Corporation, and the
Minority Media and
Telecommunications Council
(collectively, the Joint Petitioners).
2. The Petition sought reconsideration
of various Commission decisions made
in the Second Report and Order
released on April 25, 2006, FR 71, 26245
(May 4, 2006), which modified the
Commission’s part 1 competitive
bidding rules governing designated
entities, including rules on eligibility for
benefits and unjust enrichment. Joint
Petitioners filed their Petition on May 5,
2006. On June 2, 2006, prior to the
deadline for filing petitions for
reconsideration of the Second Report
and Order, the Commission released,
sua sponte, an Order on
Reconsideration, FR 71 34262 (June 14,
2006), which considered and rejected
the arguments included in the Petition
without formally denying the Petition.
3. In a July 2006 letter to the
Commission, Joint Petitioners stated
that the Commission had already
decided the merits of the Petition and
that the Joint Petitioners were no longer
seeking reconsideration. Accordingly,
Joint Petitioners asked that the
Commission formally dispose of their
Petition in order to take the de jure
action already taken de facto by the
Commission. The Commission agreed
with Joint Petitioners that it had already
decided the merits of the Petition in the
Order on Reconsideration and that the
Order on Reconsideration had
conclusively rejected the Joint
Petitioners’ legal arguments.
4. Accordingly, it is ordered that
pursuant to Sections 4(i), 5(b), 5(c)(1),
303(r), and 309(j) of the
Communications Act, as amended, 47
U.S.C. 154(i), 155(b), 155(c)(1), 303(r),
and 309(j), the Petition is hereby denied.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–7058 Filed 4–3–08; 8:45 am]
BILLING CODE 6712 –01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection
Renewals; Comment Request
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
SUMMARY: The FDIC, 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 continuing information
collections, as required by the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35). Currently, the FDIC
is soliciting comments concerning the
following collections of information
titled: ‘‘Flood Insurance,’’ OMB No.
3064–120, and ‘‘Forms Relating to
Processing Deposit Insurance Claims,’’
OMB No. 3064–0143.
DATES: Comments must be submitted on
or before June 3, 2008.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods. All comments should refer to
the name of the collection:
• http://www.FDIC.gov/regulations/
laws/federal/notices.html.
• E-mail: comments@fdic.gov.
Include the name of the collection in the
subject line of the message.
• Mail: Leneta G. Gregorie (202–898–
3719), Counsel, Room F–1064, 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 a.m. and 5 p.m.
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:
Leneta G. Gregorie, at the telephone
number and address identified above.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collections of
information:
1. Title: Flood Insurance.
OMB Number: 3064–0120.
Frequency of Response: On occasion.
Affected Public: Any depository
institution that makes one or more loans
to be secured by a building located on
property in a special flood hazard area.
Estimated Number of Respondents/
Recordkeepers: 5,272.
Estimated Number of Transactions:
180,000.
Estimated Reporting Hours: .05 hours
× 180,000 = 9,000.
Estimated Recordkeeping Hours: 1
hour × 5,272 hours = 5,272 hours.
Estimated Total Annual Reporting
and Recordkeeping Burden Hours: 5,272
+ 9,000 = 14,272 hours.
General Description of Collection:
Each supervised lending institution is
currently required to provide a notice of
special flood hazards to each borrower
with a loan secured by a building or
mobile home located or to be located in
an area identified by the Director of the
Federal Emergency Management
Administration as being subject to
special flood hazards. The Riegle
Community Development Act requires
that each institution must also provide
a copy of the notice to the servicer of the
loan (if different from the originating
lender).
2. Title: Forms Relating to Processing
Deposit Insurance Claims.
OMB Number: 3064–0143.
Frequency of Response: On occasion.
Affected Public: Deposit brokers and
depositors of failed insured institutions.
Estimated Number of Respondents:
5,236 (see chart below).
Total Annual Burden: 2,875 hours
(see chart below).
VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1
ebenthall on PRODPC61 with NOTICES
SUPPLEMENTARY INFORMATION: This is a
summary of the Second Order on
Reconsideration of the Second Report
and Order released on March 26, 2008.
The complete text of the Second Order
on Reconsideration of the Second
Report and Order is available for public
inspection and copying from 8 a.m. to
4:30 p.m. ET Monday through Thursday
or from 8 a.m. to 11:30 a.m. ET on
Fridays in the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. The Second
Order on Reconsideration of the Second
Report and Order may be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or you may contact BCPI
at its Web site: http://
www.BCPIWEB.com. When ordering
documents from BCPI, please provide
the appropriate FCC document number,
for example, FCC 08–92. The Second
Order on Reconsideration of the Second
Report and Order is also available on
the Internet at the Commission’s Web
site: http://wireless.fcc.gov/auctions.
Overview
1. The Second Order on
Reconsideration of the Second Report
and Order formally denies a Petition for
Expedited Reconsideration (Petition)
filed by Council Tree Communications,
Inc., Bethel Native Corporation, and the
Minority Media and
Telecommunications Council
(collectively, the Joint Petitioners).
2. The Petition sought reconsideration
of various Commission decisions made
in the Second Report and Order
released on April 25, 2006, FR 71, 26245
(May 4, 2006), which modified the
Commission’s part 1 competitive
bidding rules governing designated
entities, including rules on eligibility for
benefits and unjust enrichment. Joint
Petitioners filed their Petition on May 5,
2006. On June 2, 2006, prior to the
deadline for filing petitions for
reconsideration of the Second Report
and Order, the Commission released,
sua sponte, an Order on
Reconsideration, FR 71 34262 (June 14,
2006), which considered and rejected
the arguments included in the Petition
without formally denying the Petition.
3. In a July 2006 letter to the
Commission, Joint Petitioners stated
that the Commission had already
decided the merits of the Petition and
that the Joint Petitioners were no longer
seeking reconsideration. Accordingly,
Joint Petitioners asked that the
Commission formally dispose of their
Petition in order to take the de jure
action already taken de facto by the
Commission. The Commission agreed
with Joint Petitioners that it had already
decided the merits of the Petition in the
Order on Reconsideration and that the
Order on Reconsideration had
conclusively rejected the Joint
Petitioners’ legal arguments.
4. Accordingly, it is ordered that
pursuant to Sections 4(i), 5(b), 5(c)(1),
303(r), and 309(j) of the
Communications Act, as amended, 47
U.S.C. 154(i), 155(b), 155(c)(1), 303(r),
and 309(j), the Petition is hereby denied.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–7058 Filed 4–3–08; 8:45 am]
BILLING CODE 6712 –01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection
Renewals; Comment Request
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
SUMMARY: The FDIC, 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 continuing information
collections, as required by the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35). Currently, the FDIC
is soliciting comments concerning the
following collections of information
titled: ‘‘Flood Insurance,’’ OMB No.
3064–120, and ‘‘Forms Relating to
Processing Deposit Insurance Claims,’’
OMB No. 3064–0143.
DATES: Comments must be submitted on
or before June 3, 2008.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods. All comments should refer to
the name of the collection:
• http://www.FDIC.gov/regulations/
laws/federal/notices.html.
• E-mail: comments@fdic.gov.
Include the name of the collection in the
subject line of the message.
• Mail: Leneta G. Gregorie (202–898–
3719), Counsel, Room F–1064, 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 a.m. and 5 p.m.
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:
Leneta G. Gregorie, at the telephone
number and address identified above.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collections of
information:
1. Title: Flood Insurance.
OMB Number: 3064–0120.
Frequency of Response: On occasion.
Affected Public: Any depository
institution that makes one or more loans
to be secured by a building located on
property in a special flood hazard area.
Estimated Number of Respondents/
Recordkeepers: 5,272.
Estimated Number of Transactions:
180,000.
Estimated Reporting Hours: .05 hours
× 180,000 = 9,000.
Estimated Recordkeeping Hours: 1
hour × 5,272 hours = 5,272 hours.
Estimated Total Annual Reporting
and Recordkeeping Burden Hours: 5,272
+ 9,000 = 14,272 hours.
General Description of Collection:
Each supervised lending institution is
currently required to provide a notice of
special flood hazards to each borrower
with a loan secured by a building or
mobile home located or to be located in
an area identified by the Director of the
Federal Emergency Management
Administration as being subject to
special flood hazards. The Riegle
Community Development Act requires
that each institution must also provide
a copy of the notice to the servicer of the
loan (if different from the originating
lender).
2. Title: Forms Relating to Processing
Deposit Insurance Claims.
OMB Number: 3064–0143.
Frequency of Response: On occasion.
Affected Public: Deposit brokers and
depositors of failed insured institutions.
Estimated Number of Respondents:
5,236 (see chart below).
Total Annual Burden: 2,875 hours
(see chart below).
VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1
ebenthall on PRODPC61 with NOTICES
18530 Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices
BURDEN ESTIMATE, COMBINED DEPOSIT BROKERS AND INDIVIDUALS
[Frequency of response: Occasional]
Form No. Form title Hours Respondents Burden hours
7200/03 .......................... Declaration for Testamentary Deposit (Single Grantor) ............. .50 1,000 500
7200/04 .......................... Declaration for Public Unit Deposit ............................................. .50 500 250
7200/05 .......................... Declaration for Trust ................................................................... .50 1,100 550
7200/06 .......................... Declaration of Independent Activity ............................................ .50 25 12.5
7200/07 .......................... Declaration of Independent Activity for Unincorporated Asso-
ciation.
.50 25 12.5
7200/08 .......................... Declaration for Joint Ownership Deposit .................................... .50 25 12.5
7200/09 .......................... Declaration for Testamentary Deposit (Multiple Grantors) ......... .50 500 250
7200/10 .......................... Declaration for Defined Contribution Plan .................................. 1.0 50 50
7200/11 .......................... Declaration for IRA/KEOGH Deposit .......................................... .50 50 25
7200/12 .......................... Declaration for Defined Benefit Plan .......................................... 1.0 200 200
7200/13 .......................... Declaration of Custodian Deposit ............................................... .50 50 25
7200/14 .......................... Declaration for Health and Welfare Plan .................................... 1.0 200 200
7200/15 .......................... Declaration for Plan and Trust .................................................... .50 1,300 650
Subtotal ................... ..................................................................................................... .......................... 5,025 2,738
BURDEN ESTIMATE, DEPOSIT BROKERS ONLY
Burden per response Number of responses Burden hours
Deposit Broker Submission Checklist ..... 5 minutes ................................................. 70 ............................................................. 6
Diskette, following ‘‘Broker Input File Re-
quirements.’’
The burden will vary depending on the
broker’s number of brokered accounts..
.................................................................. ........................
45 minutes ............................................... 53 responses (75% of 70 annual re-
sponses).
40
5 hours .................................................... 18 responses (25% of 70 annual re-
sponses).
90
Exhibit B, the standard agency agree-
ment, or the non-standard agency
agreement.
1 minute ................................................... 70 ............................................................. 1
Subtotal ............................................ .................................................................. 211 ........................................................... 137
General Description of Collection:
When an insured institution is closed by
its primary regulatory authority, the
FDIC has the responsibility to pay the
insured claims of the failed bank
depositors pursuant to sections 11(a)
and (f) of the Federal Deposit Insurance
Act (FDI Act), 12 U.S.C. 1821 (a) and (f),
and the FDIC’s regulation on ‘‘Deposit
Insurance Coverage,’’ 12 CFR part 330.
Generally, deposits are insured to a
maximum of $100,000. This maximum
coverage is based on ‘‘ownership rights
and capacities.’’ All deposits that are
maintained in the same right and
capacity are added together and insured
up to $100,000 in accordance with the
regulations relating to deposit insurance
of that particular deposit insurance
ownership category. Deposits held in
different ownership categories are
eligible for $100,000 coverage per
category. For example, as a general rule,
single-ownership accounts are
separately insured from trust accounts
held for qualified beneficiaries.
At the time of closing, the FDIC is
provided information about customer
accounts through the failed institution’s
records. Based on the institution’s
records, the FDIC makes preliminary
determinations about insurance
coverage for each depositor. Depositors
initially deemed to be uninsured
because their deposits are over $100,000
may be qualified for additional
insurance coverage if they can provide
documents certifying to the existence of
varying ownership rights and capacities.
a. General Deposit Accounts. The
forms, declarations, and affidavits in
this collection facilitate customers
providing the FDIC with the information
that may permit a more comprehensive
deposit insurance determination.
b. Deposit Brokers. A failed
institution’s account records may not
reveal the actual owner(s) of a particular
deposit account. Rather, the account
records may indicate that the deposit
was placed at the institution by a
deposit broker on behalf of one or more
third parties. In some cases, the broker’s
customer may not be an actual owner of
the deposit but merely a ‘‘second-tier’’
deposit broker with its own customers.
In turn, these customers could be
‘‘third-tier’’ deposit brokers with their
own customers. Deposits held in the
name of a deposit broker on behalf of
clients are covered by federal deposit
insurance (up to the $100,000 limit) the
same as if the broker’s clients had
deposited the funds directly into the
institution (assuming that the clients are
the actual owners of the deposit). This
is called ‘‘pass-through’’ deposit
insurance coverage.
In order to analyze ownership interest
and provide pass-through insurance
coverage, the FDIC must obtain certain
information from both first and lower-
tier deposit brokers: (1) Evidence that
each deposit broker is not an owner but
an agent or custodian with respect to
some or all of the funds at issue; (2) a
list of all parties for whom each deposit
broker acted as agent or custodian; and
(3) the dollar amount of funds held by
each deposit broker for each such party
as of the date of the depository
institution’s failure.
Request for Comment
Comments are invited on: (a) Whether
this 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,
VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1
ebenthall on PRODPC61 with NOTICES
BURDEN ESTIMATE, COMBINED DEPOSIT BROKERS AND INDIVIDUALS
[Frequency of response: Occasional]
Form No. Form title Hours Respondents Burden hours
7200/03 .......................... Declaration for Testamentary Deposit (Single Grantor) ............. .50 1,000 500
7200/04 .......................... Declaration for Public Unit Deposit ............................................. .50 500 250
7200/05 .......................... Declaration for Trust ................................................................... .50 1,100 550
7200/06 .......................... Declaration of Independent Activity ............................................ .50 25 12.5
7200/07 .......................... Declaration of Independent Activity for Unincorporated Asso-
ciation.
.50 25 12.5
7200/08 .......................... Declaration for Joint Ownership Deposit .................................... .50 25 12.5
7200/09 .......................... Declaration for Testamentary Deposit (Multiple Grantors) ......... .50 500 250
7200/10 .......................... Declaration for Defined Contribution Plan .................................. 1.0 50 50
7200/11 .......................... Declaration for IRA/KEOGH Deposit .......................................... .50 50 25
7200/12 .......................... Declaration for Defined Benefit Plan .......................................... 1.0 200 200
7200/13 .......................... Declaration of Custodian Deposit ............................................... .50 50 25
7200/14 .......................... Declaration for Health and Welfare Plan .................................... 1.0 200 200
7200/15 .......................... Declaration for Plan and Trust .................................................... .50 1,300 650
Subtotal ................... ..................................................................................................... .......................... 5,025 2,738
BURDEN ESTIMATE, DEPOSIT BROKERS ONLY
Burden per response Number of responses Burden hours
Deposit Broker Submission Checklist ..... 5 minutes ................................................. 70 ............................................................. 6
Diskette, following ‘‘Broker Input File Re-
quirements.’’
The burden will vary depending on the
broker’s number of brokered accounts..
.................................................................. ........................
45 minutes ............................................... 53 responses (75% of 70 annual re-
sponses).
40
5 hours .................................................... 18 responses (25% of 70 annual re-
sponses).
90
Exhibit B, the standard agency agree-
ment, or the non-standard agency
agreement.
1 minute ................................................... 70 ............................................................. 1
Subtotal ............................................ .................................................................. 211 ........................................................... 137
General Description of Collection:
When an insured institution is closed by
its primary regulatory authority, the
FDIC has the responsibility to pay the
insured claims of the failed bank
depositors pursuant to sections 11(a)
and (f) of the Federal Deposit Insurance
Act (FDI Act), 12 U.S.C. 1821 (a) and (f),
and the FDIC’s regulation on ‘‘Deposit
Insurance Coverage,’’ 12 CFR part 330.
Generally, deposits are insured to a
maximum of $100,000. This maximum
coverage is based on ‘‘ownership rights
and capacities.’’ All deposits that are
maintained in the same right and
capacity are added together and insured
up to $100,000 in accordance with the
regulations relating to deposit insurance
of that particular deposit insurance
ownership category. Deposits held in
different ownership categories are
eligible for $100,000 coverage per
category. For example, as a general rule,
single-ownership accounts are
separately insured from trust accounts
held for qualified beneficiaries.
At the time of closing, the FDIC is
provided information about customer
accounts through the failed institution’s
records. Based on the institution’s
records, the FDIC makes preliminary
determinations about insurance
coverage for each depositor. Depositors
initially deemed to be uninsured
because their deposits are over $100,000
may be qualified for additional
insurance coverage if they can provide
documents certifying to the existence of
varying ownership rights and capacities.
a. General Deposit Accounts. The
forms, declarations, and affidavits in
this collection facilitate customers
providing the FDIC with the information
that may permit a more comprehensive
deposit insurance determination.
b. Deposit Brokers. A failed
institution’s account records may not
reveal the actual owner(s) of a particular
deposit account. Rather, the account
records may indicate that the deposit
was placed at the institution by a
deposit broker on behalf of one or more
third parties. In some cases, the broker’s
customer may not be an actual owner of
the deposit but merely a ‘‘second-tier’’
deposit broker with its own customers.
In turn, these customers could be
‘‘third-tier’’ deposit brokers with their
own customers. Deposits held in the
name of a deposit broker on behalf of
clients are covered by federal deposit
insurance (up to the $100,000 limit) the
same as if the broker’s clients had
deposited the funds directly into the
institution (assuming that the clients are
the actual owners of the deposit). This
is called ‘‘pass-through’’ deposit
insurance coverage.
In order to analyze ownership interest
and provide pass-through insurance
coverage, the FDIC must obtain certain
information from both first and lower-
tier deposit brokers: (1) Evidence that
each deposit broker is not an owner but
an agent or custodian with respect to
some or all of the funds at issue; (2) a
list of all parties for whom each deposit
broker acted as agent or custodian; and
(3) the dollar amount of funds held by
each deposit broker for each such party
as of the date of the depository
institution’s failure.
Request for Comment
Comments are invited on: (a) Whether
this 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,
VerDate Aug<31>2005 15:24 Apr 03, 2008 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1
ebenthall on PRODPC61 with NOTICES