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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices instructions to each of the other reports is mandatory.
Certain information collected on the FR Y9C and FR Y9SP Reports is kept confidential by the Board. The following items may be kept confidential under exemption 4 of the Freedom of Information Act FOIA because these data items reflect commercial and financial information that is both customarily and actually treated as private by the respondent: 16
FR Y9C, Schedule HI, memoranda item 7g, FDIC deposit insurance assessments;
FR Y9C, Schedule HCP, item 7a Representation and warranty reserves for 14 family residential mortgage loans sold to U.S. government agencies and government sponsored agencies;
FR Y9C, Schedule HCP, item 7b Representation and warranty reserves for 14 family residential mortgage loans sold to other parties;
FR Y9C, Schedule HCC, Part I, Memorandum items 16.a and 16.b, for eligible loan modifications under Section 4013 of the 2020 Coronavirus Aid, Relief, and Economic Security Act;
and FR Y9C, Schedule HC and FR Y
9SP, Schedule SC, Memoranda item 2.b., the name and email address of the external auditing firms engagement partner.17
In some circumstances, disclosing these data items may also reveal confidential examination and supervisory information protected from disclosure under exemption 8 of the FOIA.18 The Board has previously assured submitters that these data items will be treated as confidential.
In addition, the Chief Executive Officer Contact Information section of both the FR Y9C and FR Y9SP may be kept confidential pursuant to FOIA
exemption 6, which applies to personnel and medical files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,19 and exemption 8, which applies to information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.20
Aside from the data items described above, data collected by the FR Y9
16 12

U.S.C. 552b4.
Board has assured respondents that this information will be treated as confidential since the collection of this data item was proposed in 2004, under the assumption that the identity of the engagement partner is treated as private information by holding companies.
18 12 U.S.C. 552b8.
19 5 U.S.C. 552b6.
20 5 U.S.C. 552b8.

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reports generally are not accorded confidential treatment. As provided in the Boards Rules Regarding Availability of Information,21 however, a respondent may request confidential treatment for any data items the respondent believes should be withheld pursuant to a FOIA
exemption. The Board will review any such request to determine if confidential treatment is appropriate and will inform the respondent if the request for confidential treatment has been granted or denied.
To the extent that the instructions to the FR Y9 reports direct the financial institution to retain the workpapers and related materials used in preparation of each report, such material would only be obtained by the Board as part of the examination or supervision of the financial institution. Accordingly, such information may be considered confidential pursuant to exemption 8 of the FOIA.22 In addition, the workpapers and related materials may also be protected by exemption 4 of the FOIA
to the extent such financial information is customarily and actually treated as private by the respondent.23
Consultation outside the agency: The Board consulted with the FDIC and OCC
regarding the proposed revisions on brokered deposits and SACCR check box.

FOR FURTHER INFORMATION CONTACT:

Board of Governors of the Federal Reserve System, September 1, 2021.
Michele Taylor Fennell, Deputy Associate Secretary of the Board.

Support King, LLC SpyFone.com;
Analysis of Proposed Consent Order To Aid Public Comment
Kelly Powell, HR Specialist, at 202
9421681.
SUPPLEMENTARY INFORMATION: Title 5, U.S. Code, 4314c4, requires that the appointment of Performance Review Board members be published in the Federal Register before Board service commences. The following persons will serve on the Federal Retirement Thrift Investment Boards Performance Review Board which will review initial summary ratings to ensure the ratings are consistent with established performance requirements, reflect meaningful distinctions among senior executives based on their relative performance and organizational results and provide recommendations for ratings, awards, and pay adjustments in a fair and equitable manner: Susan Crowder, Vijay Desai, Gisile Goethe, and Sean McCaffrey.
Dharmesh Vashee, General Counsel, Federal Retirement Thrift Investment Board.
FR Doc. 202119490 Filed 9721; 8:45 am BILLING CODE 676001P

FEDERAL TRADE COMMISSION
File No. 192 3003

Federal Trade Commission.
Proposed consent agreement;
request for comment.

FR Doc. 202119298 Filed 9721; 8:45 am
AGENCY:

BILLING CODE 621001P

ACTION:

FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Senior Executive Service Performance Review Board Federal Retirement Thrift Investment Board.
ACTION: Notice.
AGENCY:

This notice announces the appointment of the members of the Senior Executive Service Performance Review Board for the Federal Retirement Thrift Investment Board.
The purpose of the Performance Review Board is to make written recommendations on each executives annual summary ratings, performancebased pay adjustment, and performance awards to the appointing authority.
DATES: This notice is applicable on September 8, 2021.
SUMMARY:

21 12

CFR part 2.
U.S.C. 552b8.
23 5 U.S.C. 552b4.
22 5

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The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order embodied in the consent agreement that would settle these allegations.
DATES: Comments must be received on or before October 8, 2021.
ADDRESSES: Interested parties may file comments online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Please write Support King, LLC
SpyFone.com; File No. 192 3003 on your comment, and file your comment online at https www.regulations.gov by following the instructions on the webbased form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, SUMMARY:

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