80_FR_20146 80 FR 20075 - Agency Information Collection Requirements; Information Collection Renewal; Submission for OMB Review; Release of Non-Public Information

80 FR 20075 - Agency Information Collection Requirements; Information Collection Renewal; Submission for OMB Review; Release of Non-Public Information

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

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

Page Range20075-20076
FR Document2015-08497

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). 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, ``Release of Non-Public Information.'' 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 20075-20076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08497]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Requirements; Information 
Collection Renewal; Submission for OMB Review; Release of Non-Public 
Information

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

ACTION: Notice and request for comment.

-----------------------------------------------------------------------

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).
    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, ``Release of Non-Public Information.'' The OCC also 
is giving notice that it has sent the collection to OMB for review.

DATES: You should submit written comments 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: 1557-0200, 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, 1557-0200, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: 
[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 proposing to extend OMB approval 
of the following information collection:
    Title: Release of Non-Public Information--12 CFR 4, Subpart C.
    OMB No.: 1557-0200.
    Description: This submission covers an existing regulation and 
involves no change to the regulation or to the information collections 
embodied in the regulation. The OCC requests only that OMB renew its 
approval of the information collections in the current regulation.
    The information requirements require individuals who are requesting 
non-public OCC information to provide the OCC with information 
regarding the legal grounds for the request. The

[[Page 20076]]

release of non-public OCC information to a requester without sufficient 
legal grounds to obtain the information would inhibit open consultation 
between a bank and the OCC thereby impairing the OCC's supervisory and 
regulatory mission. The OCC is entitled, under statute and case law, to 
require requesters to demonstrate that they have sufficient legal 
grounds for the OCC to release non-public OCC information. The OCC 
needs to identify the requester's legal grounds to determine if it 
should release the requested non-public OCC information.
    The information requirements in 12 CFR part 4, subpart C, are as 
follows:
     12 CFR 4.33: Request for non-public OCC records or 
testimony.
     12 CFR 4.35(b)(3): Third parties requesting testimony.
     12 CFR 4.37(a)(2): OCC former employee notifying OCC of 
subpoena.
     12 CFR 4.37(a) and (b): Limitation on dissemination of 
released information.
     12 CFR 4.38(a) and (b): Conditions on dissemination of 
released information.
     12 CFR 4.39(d): Request for authenticated records or 
certificate of nonexistence of records.
    The OCC uses the information to process requests for non-public OCC 
information and to determine if sufficient grounds exist for the OCC to 
release the requested information or provide testimony that would 
include a discussion of non-public information. This information 
collection facilitates the processing of requests and expedites the 
OCC's release of non-public information and testimony to the requester, 
as appropriate.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Affected Public: Businesses or other for-profit; individuals.
    Number of Respondents: 83.
    Frequency of Response: On occasion.
    Total Annual Burden: 241 hours.
    The OCC issued a notice for 60 days of comment on January 26, 2015 
(80 FR 4038). No comments were received. Comments continue to be 
invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information has practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (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. 2015-08497 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-33-P



                                                                                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices                                          20075

                                                    information required for general                           Comments submitted in response to                  ADDRESSES:    Because paper mail in the
                                                    prepayment requests under 12 CFR                         this notice will be summarized and                   Washington, DC area and at the OCC is
                                                    5.47(g)(1)(ii)(A) 3 and also must comply                 included in the request for OMB                      subject to delay, commenters are
                                                    with 12 CFR 5.47(g)(1)(ii)(B)(2) 4, which                approval. All comments will become a                 encouraged to submit comments by
                                                    requires a national bank to submit                       matter of public record. Comments are                email, if possible. Comments may be
                                                    either: (1) A statement explaining why                   invited on:                                          sent to: Legislative and Regulatory
                                                    the bank believes that following the                       (a) Whether the collections of                     Activities Division, Office of the
                                                    proposed prepayment the bank would                       information are necessary for the proper             Comptroller of the Currency, Attention:
                                                    continue to hold an amount of capital                    performance of the OCC’s functions,                  1557–0200, 400 7th Street SW., Suite
                                                    commensurate with its risk or (2) a                      including whether the information has                3E–218, Mail Stop 9W–11, Washington,
                                                    description of the replacement capital                   practical utility;                                   DC 20219. In addition, comments may
                                                    instrument that meets the criteria for                     (b) The accuracy of the OCC’s                      be sent by fax to (571) 465–4326 or by
                                                    tier 1 or tier 2 capital under 12 CFR                    estimates of the burden of the                       electronic mail to regs.comments@
                                                    3.20, including the amount of such                       information collections, including the               occ.treas.gov. You may personally
                                                    instrument and the time frame for                        validity of the methodology and                      inspect and photocopy comments at the
                                                    issuance.                                                assumptions used;                                    OCC, 400 7th Street SW., Washington,
                                                       The February 2014 Interim Final Rule                    (c) Ways to enhance the quality,                   DC 20219. For security reasons, the OCC
                                                    also revised the requirements of 12 CFR                  utility, and clarity of the information to           requires that visitors make an
                                                    163.81 5 applicable to Federal savings                   be collected; and                                    appointment to inspect comments. You
                                                    associations. Specifically, those                          (d) Ways to minimize the burden of                 may do so by calling (202) 649–6700.
                                                    revisions require a Federal savings                      information collections on respondents,              Upon arrival, visitors will be required to
                                                    association to obtain prior OCC                          including through the use of automated               present valid government-issued photo
                                                    approval to prepay subordinated debt                     collection techniques or other forms of              identification and to submit to security
                                                    securities or mandatorily redeemable                     information technology.                              screening in order to inspect and
                                                    preferred stock (covered securities)                       Dated: April 8, 2015.                              photocopy comments.
                                                    included in tier 2 capital. In addition, if              Mary H. Gottlieb,                                       All comments received, including
                                                    the prepayment is in the form of a call                  Regulatory Specialist, Legislative and               attachments and other supporting
                                                    option, a Federal savings association                    Regulatory Activities Division.                      materials, are part of the public record
                                                    must submit the information required                     [FR Doc. 2015–08498 Filed 4–13–15; 8:45 am]          and subject to public disclosure. Do not
                                                    for general prepayment requests under                    BILLING CODE 4810–33–P
                                                                                                                                                                  enclose any information in your
                                                    12 CFR 163.81(j)(2)(i) and also comply                                                                        comment or supporting materials that
                                                    with 12 CFR 163.81(j)(2)(ii)(A), which                                                                        you consider confidential or
                                                    requires a Federal savings association to                DEPARTMENT OF THE TREASURY                           inappropriate for public disclosure.
                                                    submit either: (1) A statement                                                                                   Additionally, please send a copy of
                                                    explaining why the Federal savings                       Office of the Comptroller of the                     your comments by mail to: OCC Desk
                                                    association believes that following the                  Currency                                             Officer, 1557–0200, U.S. Office of
                                                    proposed prepayment the Federal                                                                               Management and Budget, 725 17th
                                                    savings association would continue to                    Agency Information Collection                        Street NW., #10235, Washington, DC
                                                    hold an amount of capital                                Requirements; Information Collection                 20503, or by email to: oirasubmission@
                                                    commensurate with its risk or (2) a                      Renewal; Submission for OMB Review;                  omb.eop.gov.
                                                    description of the replacement capital                   Release of Non-Public Information                    FOR FURTHER INFORMATION CONTACT:
                                                    instrument that meets the criteria for                   AGENCY: Office of the Comptroller of the             Mary H. Gottlieb, OCC Clearance
                                                    tier 1 or tier 2 capital under 12 CFR                    Currency (OCC), Treasury.                            Officer, (202) 649–5490, for persons
                                                    3.20, including the amount of such                                                                            who are deaf or hard of hearing, TTY,
                                                                                                             ACTION: Notice and request for comment.
                                                    instrument and the time frame for                                                                             (202) 649–5597, Legislative and
                                                    issuance.                                                SUMMARY:   The OCC, as part of its                   Regulatory Activities Division, Office of
                                                       The December 2014 Interim Final                       continuing effort to reduce paperwork                the Comptroller of the Currency, 400 7th
                                                    Rule revised 12 CFR 5.47 to add a                        and respondent burden, invites the                   Street SW., Suite 3E–218, Mail Stop
                                                    disclosure requirement in 12 CFR                         general public and other Federal                     9W–11, Washington, DC 20219.
                                                    5.47(d)(3)(ii)(C). A national bank must                  agencies to take this opportunity to                 SUPPLEMENTARY INFORMATION: The OCC
                                                    describe in the subordinated debt note                   comment on a continuing information                  is proposing to extend OMB approval of
                                                    the OCC’s authority under 12 CFR 3.11                    collection, as required by the Paperwork             the following information collection:
                                                    to limit distributions, including interest               Reduction Act of 1995 (PRA).                            Title: Release of Non-Public
                                                    payments on any tier 2 capital                             In accordance with the requirements                Information—12 CFR 4, Subpart C.
                                                    instrument, if the national bank has full                of the PRA, the OCC may not conduct                     OMB No.: 1557–0200.
                                                    discretion to permanently or                             or sponsor, and the respondent is not                   Description: This submission covers
                                                    temporarily suspend such payments                        required to respond to, an information               an existing regulation and involves no
                                                    without triggering an event of default.                  collection unless it displays a currently            change to the regulation or to the
                                                                                                             valid Office of Management and Budget                information collections embodied in the
                                                      3 Appeared as § 5.47(n)(1)(ii)(B) in the February
                                                                                                             (OMB) control number.                                regulation. The OCC requests only that
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                                                    2014 Interim Final Rule and subsequently                   The OCC is soliciting comment
                                                    redesignated as § 5.47(g)(1)(ii)(B).
                                                                                                                                                                  OMB renew its approval of the
                                                      4 Appeared as § 5.47(n)(1)(ii)(A) in the February
                                                                                                             concerning renewal of its information                information collections in the current
                                                    2014 Interim Final Rule and subsequently                 collection titled, ‘‘Release of Non-Public           regulation.
                                                    redesignated as § 5.47(g)(1)(ii)(A).                     Information.’’ The OCC also is giving                   The information requirements require
                                                      5 The OCC proposed to renumber this section as
                                                                                                             notice that it has sent the collection to            individuals who are requesting non-
                                                    new § 5.56 in its proposed rule entitled ‘‘Integration   OMB for review.
                                                    of National Bank and Federal Savings Association
                                                                                                                                                                  public OCC information to provide the
                                                    Regulations: Licensing Rules,’’ 79 FR 33260 (June        DATES: You should submit written                     OCC with information regarding the
                                                    10, 2014).                                               comments by May 14, 2015.                            legal grounds for the request. The


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                                                    20076                          Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices

                                                    release of non-public OCC information                   through the use of automated collection               Upon arrival, visitors will be required to
                                                    to a requester without sufficient legal                 techniques or other forms of information              present valid government-issued photo
                                                    grounds to obtain the information                       technology; and                                       identification and submit to security
                                                    would inhibit open consultation                           (e) Estimates of capital or start-up                screening in order to inspect and
                                                    between a bank and the OCC thereby                      costs and costs of operation,                         photocopy comments.
                                                    impairing the OCC’s supervisory and                     maintenance, and purchase of services                    All comments received, including
                                                    regulatory mission. The OCC is entitled,                to provide information.                               attachments and other supporting
                                                    under statute and case law, to require                    Dated: April 8, 2015.                               materials, are part of the public record
                                                    requesters to demonstrate that they have                Mary H. Gottlieb,                                     and subject to public disclosure. Do not
                                                    sufficient legal grounds for the OCC to                 Regulatory Specialist, Legislative and                enclose any information in your
                                                    release non-public OCC information.                     Regulatory Activities Division.                       comment or supporting materials that
                                                    The OCC needs to identify the                           [FR Doc. 2015–08497 Filed 4–13–15; 8:45 am]           you consider confidential or
                                                    requester’s legal grounds to determine if               BILLING CODE 4810–33–P
                                                                                                                                                                  inappropriate for public disclosure.
                                                    it should release the requested non-                                                                          FOR FURTHER INFORMATION CONTACT:
                                                    public OCC information.                                                                                       Mary H. Gottlieb, OCC Clearance
                                                       The information requirements in 12                   DEPARTMENT OF THE TREASURY                            Officer, (202) 649–5490, for persons
                                                    CFR part 4, subpart C, are as follows:                                                                        who are deaf or hard of hearing, TTY,
                                                       • 12 CFR 4.33: Request for non-public                Comptroller of the Currency                           (202) 649–5597, Legislative and
                                                    OCC records or testimony.                                                                                     Regulatory Activities Division, Office of
                                                       • 12 CFR 4.35(b)(3): Third parties                   Agency Information Collection                         the Comptroller of the Currency, 400 7th
                                                    requesting testimony.                                   Activities: Information Collection                    Street SW., Suite 3E–218, Mail Stop
                                                       • 12 CFR 4.37(a)(2): OCC former                      Renewal; Comment Request;                             9W–11, Washington, DC 20219.
                                                    employee notifying OCC of subpoena.                     Investment Securities
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The OCC
                                                       • 12 CFR 4.37(a) and (b): Limitation
                                                                                                            AGENCY: Office of the Comptroller of the              is proposing to extend OMB approval,
                                                    on dissemination of released
                                                                                                            Currency (OCC), Treasury.                             without change, of the following
                                                    information.
                                                       • 12 CFR 4.38(a) and (b): Conditions                 ACTION: Notice and request for comment.               information collection:
                                                    on dissemination of released                                                                                     Title: Investment Securities.
                                                                                                            SUMMARY:   The OCC, as part of its                       OMB Control No.: 1557–0205.
                                                    information.                                            continuing effort to reduce paperwork
                                                       • 12 CFR 4.39(d): Request for                                                                                 Description: This submission covers
                                                                                                            and respondent burden, invites the                    an existing regulation and involves no
                                                    authenticated records or certificate of                 general public and other Federal
                                                    nonexistence of records.                                                                                      change to the regulation or to the
                                                                                                            agencies to take this opportunity to                  information collection requirements.
                                                       The OCC uses the information to                      comment on a continuing information
                                                    process requests for non-public OCC                                                                           The OCC requests only that OMB extend
                                                                                                            collection, as required by the Paperwork              its approval of the information
                                                    information and to determine if                         Reduction Act of 1995 (PRA).
                                                    sufficient grounds exist for the OCC to                                                                       collection.
                                                                                                              In accordance with the requirements                    The information collection
                                                    release the requested information or                    of the PRA, the OCC may not conduct
                                                    provide testimony that would include a                                                                        requirements in 12 CFR part 1 are as
                                                                                                            or sponsor, and the respondent is not                 follows:
                                                    discussion of non-public information.                   required to respond to, an information
                                                    This information collection facilitates                                                                          Under 12 CFR 1.3(h)(2), a national
                                                                                                            collection unless it displays a currently             bank may request an OCC determination
                                                    the processing of requests and expedites                valid Office of Management and Budget
                                                    the OCC’s release of non-public                                                                               that it may invest in an entity that is
                                                                                                            (OMB) control number.                                 exempt from registration under section
                                                    information and testimony to the                          The OCC is soliciting comment
                                                    requester, as appropriate.                                                                                    3(c)(1) of the Investment Company Act
                                                                                                            concerning renewal of its information
                                                       Type of Review: Extension, without                                                                         of 1940 1 if the portfolio of the entity
                                                                                                            collection titled, ‘‘Investment
                                                    change, of a currently approved                                                                               consists exclusively of assets that a
                                                                                                            Securities.’’
                                                    collection.                                                                                                   national bank may purchase and sell for
                                                                                                            DATES: You should submit written                      its own account. The OCC uses the
                                                       Affected Public: Businesses or other
                                                    for-profit; individuals.                                comments by June 15, 2015.                            information contained in the request as
                                                       Number of Respondents: 83.                           ADDRESS: Because paper mail in the                    a basis for ensuring that the bank’s
                                                       Frequency of Response: On occasion.                  Washington, DC area and at the OCC is                 investment is consistent with its
                                                       Total Annual Burden: 241 hours.                      subject to delay, commenters are                      investment authority under applicable
                                                       The OCC issued a notice for 60 days                  encouraged to submit comments by                      law and does not pose unacceptable
                                                    of comment on January 26, 2015 (80 FR                   email, if possible. Comments may be                   risk.
                                                    4038). No comments were received.                       sent to: Legislative and Regulatory                      Under 12 CFR 1.7(b), a national bank
                                                    Comments continue to be invited on:                     Activities Division, Office of the                    may request OCC approval to extend the
                                                       (a) Whether the collection of                        Comptroller of the Currency, Attention:               five-year holding period for securities
                                                    information is necessary for the proper                 1557–0205, 400 7th Street SW., Suite                  held in satisfaction of debts previously
                                                    performance of the functions of the                     3E–218, Mail Stop 9W–11, Washington,                  contracted (DPC) for up to an additional
                                                    agency, including whether the                           DC 20219. In addition, comments may                   five years. The bank must provide a
                                                                                                            be sent by fax to (571) 465–4326 or by                clearly convincing demonstration of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    information has practical utility;
                                                       (b) The accuracy of the agency’s                     electronic mail to regs.comments@                     why any additional holding period is
                                                    estimate of the burden of the collection                occ.treas.gov. You may personally                     needed. The OCC uses the information
                                                    of information;                                         inspect and photocopy comments at the                 in the request to ensure, on a case-by-
                                                       (c) Ways to enhance the quality,                     OCC, 400 7th Street SW., Washington,                  case basis, that the bank’s purpose in
                                                    utility, and clarity of the information to              DC 20219. For security reasons, the OCC               retaining the securities is not
                                                    be collected;                                           requires that visitors make an                        speculative and that the bank’s reasons
                                                       (d) Ways to minimize the burden of                   appointment to inspect comments. You
                                                    the collection on respondents, including                may do so by calling (202) 649–6700.                    1 15   U.S.C. 80a–3(c)(1).



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Document Created: 2015-12-18 11:10:28
Document Modified: 2015-12-18 11:10:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comment.
DatesYou should submit written comments by May 14, 2015.
ContactMary 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 Citation80 FR 20075 

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