80 FR 20073 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Capital Distribution

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 80, Issue 71 (April 14, 2015)

Page Range		20073-20074
FR Document		2015-08499

The OCC, 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 a continuing information collection, as required by the Paperwork Reduction Act of 1995, PRA. Under the PRA, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information and to allow 60 days for public comment in response to the notice. In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning renewal of its information collection titled, ``Capital Distribution.'' The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Register, Volume 80 Issue 71 (Tuesday, April 14, 2015)

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 20073-20074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08499]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Capital Distribution

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, 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 a continuing 
information collection, as required by the Paperwork Reduction Act of 
1995, PRA.
    Under the PRA, Federal agencies are required to publish notice in 
the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information and to allow 60 days for public comment in 
response to the notice.
    In accordance with the requirements of the PRA, the OCC may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number.
    The OCC is soliciting comment concerning renewal of its information 
collection titled, ``Capital Distribution.'' The OCC also is giving 
notice that it has sent the collection to OMB for review.

DATES: Comments must be received by May 14, 2015.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0310, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to [email protected]. 
You may personally inspect and photocopy comments at the OCC, 400 7th 
Street SW., Washington, DC 20219. For security reasons, the OCC 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 649-6700. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not enclose any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0310, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: oira 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mary H. Gottlieb, OCC Clearance 
Officer, (202) 649-5490, for persons who are deaf or hard of hearing, 
TTY, (202) 649-5597, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency, 400 7th Street SW., Suite 
3E-218, Mail Stop 9W-11, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: The OCC is requesting renewal of OMB's 
approval of the following information collection.
    Title of Collection: Capital Distribution.
    OMB Control Number: 1557-0310.
    Form Number: 1583.
    Description: Under the OCC's rules governing capital distributions 
at 12 CFR part 163, subpart E, a Federal savings association (FSA) must 
file a capital distribution application with the OCC if: (1) It is not 
eligible for expedited treatment under 12 CFR 116.5; (2) the total 
amount of the its capital distributions (including the proposed capital 
distribution) for the applicable calendar year exceeds its net income 
for that year to date, plus retained net income for the preceding two 
years; (3) it would not be at least adequately capitalized, as set 
forth in 12 CFR 6.4, after the capital distribution; or (4) the 
proposed capital distribution would violate any applicable statute, 
regulation, or agreement with the OCC or the OTS, or violate a 
condition imposed on it in connection with an application or notice 
approved by the OCC or the OTS. 12 CFR 163.143(a).
    If an FSA is not required to file a capital distribution 
application, it may be required to file a capital distribution notice 
with the OCC if: (1) It would not be well capitalized following the 
capital distribution as set forth in 12 CFR 165.4(b)(1); (2) the 
proposed capital distribution would reduce the amount of or retire any 
part of its common or preferred stock, or retire any part of debt 
instruments (such as notes or debentures) included in capital under 12 
CFR part 3 or part 167, as applicable, (other than regular payments 
required under a debt instrument approved under 12 CFR 163.81); or (3) 
it is a subsidiary of a savings and loan holding company. 12 CFR 
163.143(b).
    If neither an FSA nor its proposed capital distribution meet the 
criteria described above, the FSA is not required to file an 
application or notice with the OCC. 12 CFR 163.143(c). However, if the 
FSA is required to file a notice with the

[[Page 20074]]

Board of Governors of the Federal Reserve System (FRB) involving a cash 
dividend pursuant to 12 U.S.C. 1467a(f), it is required to provide an 
informational copy of the filing to the OCC under 12 CFR 163.143(d) at 
the same time the notice is filed with the FRB.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 10.
    Estimated Frequency of Response: On occasion.
    Estimated Total Burden: 11 hours.
    On January 26, 2015, the OCC issued a notice regarding this 
collection for 60 days of comment (80 FR 4037). No comments were 
received. Comments continue to be solicited on:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the functions of the OCC;
    b. The accuracy of OCC's estimate of the burden of the proposed 
information collection;
    c. Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    d. Ways to minimize the burden of the information collection on 
respondents, including through the use of information technology.
    e. Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: April 8, 2015.
Mary H. Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2015-08499 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-33-P

20074 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices

Board of Governors of the Federal In accordance with the requirements concerning each proposed collection of
Reserve System (FRB) involving a cash of the PRA, the OCC may not conduct information, including each proposed
dividend pursuant to 12 U.S.C. 1467a(f), or sponsor, and the respondent is not extension of an existing collection of
it is required to provide an required to respond to, an information information, before submitting the
informational copy of the filing to the collection unless it displays a currently collection to OMB for approval. To
OCC under 12 CFR 163.143(d) at the valid Office of Management and Budget comply with this requirement, the OCC
same time the notice is filed with the (OMB) control number. is publishing notice of the proposed
FRB. The OCC is soliciting comment collection of information set forth in
Type of Review: Regular. concerning renewal of its information this document.
Affected Public: Businesses or other collection titled, ‘‘Subordinated Debt.’’ OMB granted the OCC a six-month
for-profit. DATES: Comments must be submitted on approval for the information collection
Estimated Number of Respondents: or before June 15, 2015. requirements contained in the interim
10. ADDRESSES: Because paper mail in the final rule entitled ‘‘Subordinated Debt
Estimated Frequency of Response: On Washington, DC area and at the OCC is Issued by a National Bank.’’ (December
occasion. subject to delay, commenters are 2014 Interim Final Rule).1 The OCC
Estimated Total Burden: 11 hours. encouraged to submit comments by obtained this approval under existing
On January 26, 2015, the OCC issued email, if possible. Comments may be OMB Control No. 1557–0320, which
a notice regarding this collection for 60 sent to: Legislative and Regulatory contained the information collection
days of comment (80 FR 4037). No Activities Division, Office of the requirements in the interim final rule
comments were received. Comments Comptroller of the Currency, Attention: entitled ‘‘Basel III Conforming
continue to be solicited on: 1557–0320, 400 7th Street SW., Suite Amendments Related to Cross-
a. Whether the proposed collection of 3E–218, Mail Stop 9W–11, Washington, References, Subordinated Debt and
information is necessary for the proper DC 20219. In addition, comments may Limits Based on Regulatory Capital.’’
performance of the functions of the be sent by fax to (571) 465–4326 or by (February 2014 Interim Final Rule).2
OCC; electronic mail to regs.comments@ The OCC proposes to extend OMB
b. The accuracy of OCC’s estimate of occ.treas.gov. You may personally approval of the entire information
the burden of the proposed information inspect and photocopy comments at the collection for the standard three years.
collection; OCC, 400 7th Street SW., Washington, Title: Subordinated Debt.
c. Ways to enhance the quality, DC 20219. For security reasons, the OCC OMB Control No.: 1557–0320.
utility, and clarity of the information to requires that visitors make an Frequency of Response: On occasion.
be collected; appointment to inspect comments. You Affected Public: Business or other for-
d. Ways to minimize the burden of the may do so by calling (202) 649–6700. profit.
information collection on respondents, Upon arrival, visitors will be required to Burden Estimates:
including through the use of Prepayment of Subordinated Debt in
present valid government-issued photo
information technology. Form of Call Option: 184 Respondents;
identification and submit to security
e. Estimates of capital or start-up costs 1.30 burden hours per respondent; 239
screening in order to inspect and
and costs of operation, maintenance, total burden hours.
photocopy comments.
and purchase of services to provide All comments received, including Authority to Limit Distributions: 42
information. attachments and other supporting Respondents; 0.5 hours per respondent;
materials, are part of the public record 21 total burden hours.
Dated: April 8, 2015.
Total Burden: 260 hours.
Mary H. Gottlieb, and subject to public disclosure. Do not Description: The OCC amended its
Regulatory Specialist, Legislative and enclose any information in your rules governing subordinated debt twice
Regulatory Activities Division. comment or supporting materials that in 2014. The first set of revisions,
[FR Doc. 2015–08499 Filed 4–13–15; 8:45 am] you consider confidential or contained in the February 2014 Interim
BILLING CODE 4810–33–P
inappropriate for public disclosure. Final Rule, amended the rules
FOR FURTHER INFORMATION CONTACT: applicable to both national banks and
Mary H. Gottlieb, OCC Clearance Federal savings associations (12 CFR
DEPARTMENT OF THE TREASURY Officer, (202) 649–5490, for persons 5.47 and 163.81, respectively). The
who are deaf or hard of hearing, TTY, second revisions, in the December 2014
Office of the Comptroller of the (202) 649–5597, Legislative and Interim Final Rule, amended only the
Currency Regulatory Activities Division, Office of rules application to national banks.
the Comptroller of the Currency, 400 7th The February 2014 Interim Final Rule
Agency Information Collection Street SW., Suite 3E–218, Mail Stop
Activities: Information Collection revised the requirements of 12 CFR 5.47
9W–11, Washington, DC 20219. applicable to national banks.
Renewal; Comment Request;
SUPPLEMENTARY INFORMATION: Under the Specifically, those revisions require that
Subordinated Debt
PRA (44 U.S.C. 3501–3520), Federal all national banks must receive prior
AGENCY: Office of the Comptroller of the agencies must obtain approval from OCC approval in order to prepay
Currency (OCC), Treasury. OMB for each collection of information subordinated debt that is included in
ACTION: Notice and request for comment. they conduct or sponsor. ‘‘Collection of tier 2 capital and certain banks must
information’’ is defined in 44 U.S.C.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

receive prior OCC approval to prepay
SUMMARY: The OCC, as part of its 3502(3) and 5 CFR 1320.3(c) to include subordinated debt that is not included
continuing effort to reduce paperwork agency requests or requirements that in tier 2 capital. If the prepayment is in
and respondent burden, invites the members of the public submit reports, the form of a call option and the
general public and other Federal keep records, or provide information to subordinated debt is included in tier 2
agencies to take this opportunity to a third party. Section 3506(c)(2)(A) of capital, a national bank must submit the
comment on a continuing information the PRA (44 U.S.C. 3506(c)(2)(A))
collection, as required by the Paperwork requires Federal agencies to provide a 1 79 FR 75417 (December 18, 2014).
Reduction Act of 1995 (PRA). 60-day notice in the Federal Register 2 79 FR 11300 (February 28, 2014).

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Document Created: 2015-12-18 11:09:40
Document Modified: 2015-12-18 11:09:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comment.
Dates		Comments must be received by May 14, 2015.
Contact		Mary H. Gottlieb, OCC Clearance Officer, (202) 649-5490, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-11, Washington, DC 20219.
FR Citation		80 FR 20073

80 FR 20073 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Capital Distribution

DEPARTMENT OF THE TREASURYOffice of the Comptroller of the Currency

Federal Register Volume 80, Issue 71 (April 14, 2015)

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency