View Information Collection Request (ICR) Package

OMB Control No: 3064-0219	ICR Reference No: 202212-3064-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FDIC	Agency Tracking No: NPR 3064- AF26
Title: FDIC Official Sign and Advertising Requirements, False Advertising and Misrepresentation of Insured Status and Misuse of FDIC's Name or Logo
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/14/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/22/2022
Terms of Clearance: OIRA will re-review the ICR upon finalization of the rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

Abstract: The FDIC is requesting approval from the OMB to establish a new information collection comprised of reporting, recordkeeping and third-party disclosure requirements contained in a notice of proposed rulemaking on “FDIC Official Sign and Advertising Requirements, False Advertising and Misrepresentation of Insured Status and Misuse of FDIC's Name or Logo” (the Proposed Rule), The Proposed Rule would amend 12 CFR part 328 (part 328), which governs the use of the official FDIC sign and insured depository institutions’ (IDIs) advertising statements. The Proposed Rule would also update part 328 to reflect how depositors do business with IDIs today, including through automated teller machines and like devices (ATMs) as well as digital and mobile channels. In addition, the Proposed Rule would clarify subpart B of part 328 regarding misrepresentations of deposit insurance coverage by addressing specific scenarios where consumers may be misled as to whether they are doing business with an IDI and whether their funds are protected by deposit insurance. The Proposed Rule is intended to enable consumers to better understand when they are doing business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage. The Proposed Rule affects all IDIs as well as all non-bank entities who use the official FDIC sign, advertising statements, or otherwise make representations that their products are insured or guaranteed by the FDIC (covered non-bank entities).

Authorizing Statute(s): US Code: 12 USC 1818 Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1819 (Tenth) Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1820(c) Name of Law: Federal Deposit Insurance Act
   US Code: 12 USC 1828(a) Name of Law: Federal Deposit Insurance Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3064-AF26	Proposed rulemaking	87 FR 78017	12/21/2022

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The FDIC proposes to issue a rule ( Proposed Rule) that would amend 12 CFR part 328 (part 328), which governs the use of the official FDIC sign and insured depository institutions’ (IDIs) advertising statements. The Proposed Rule would also update part 328 to reflect how depositors do business with IDIs today, including through automated teller machines and like devices (ATMs) as well as digital and mobile channels. In addition, the Proposed Rule would clarify subpart B of part 328 regarding misrepresentations of deposit insurance coverage by addressing specific scenarios where consumers may be misled as to whether they are doing business with an IDI and whether their funds are protected by deposit insurance. The Proposed Rule is intended to enable consumers to better understand when they are doing business with an IDI and when their funds are protected by the FDIC’s deposit insurance coverage. The Proposed Rule affects all IDIs as well as all non-bank entities who use the official FDIC sign, advertising statements, or otherwise make representations that their products are insured or guaranteed by the FDIC (covered non-bank entities).

Annual Cost to Federal Government:

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. No

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

Agency Contact: Manuel Cabeza 202 898-3781 mcabeza@fdic.gov

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