80_FR_76821 80 FR 76585 - Agency Information Collection; Submission for OMB Review; Comment Request; Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies

80 FR 76585 - Agency Information Collection; Submission for OMB Review; Comment Request; Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies

NATIONAL CREDIT UNION ADMINISTRATION

Federal Register Volume 80, Issue 236 (December 9, 2015)

Page Range76585-76587
FR Document2015-30932

The NCUA has submitted to OMB a request for approval under the PRA of the collection of information discussed below. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number.

Federal Register, Volume 80 Issue 236 (Wednesday, December 9, 2015)
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76585-76587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30932]


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NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection; Submission for OMB Review; Comment 
Request; Joint Standards for Assessing the Diversity Policies and 
Practices of Entities Regulated by the Agencies

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice, request for comment, and notice of information 
collection to be submitted to the Office of Management and Budget (OMB) 
for review and approval under the Paperwork Reduction Act of 1995 
(PRA).

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

SUMMARY: The NCUA has submitted to OMB a request for approval under the 
PRA of the collection of information discussed below. An agency may not 
conduct or sponsor, and a respondent is not required to respond to, an 
information collection unless it displays a currently valid OMB control 
number.

DATES: Comments must be submitted on or before January 8, 2016.

ADDRESSES: Interested persons are invited to submit written comments on 
the information collection to Tracy Crews, National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428; by fax to 
703-837-2861; or by email to [email protected].
    Additionally, commenters may send a copy of their comments to the 
OMB desk officer for the Agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building Room 10235, 725 17th Street NW., Washington, 
DC 20503: by fax to (202) 395-6974; or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: For further information about the 
information collection discussed in this notice, please contact Tracy 
Crews, National Credit Union Administration, 1775 Duke Street, 
Alexandria, VA 22314-3428; by fax to 703-837-2861; or by email to 
[email protected]. In addition, background documentation for this 
information collection may be viewed at www.reginfo.gov.

SUPPLEMENTARY INFORMATION: Section 342 of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) required 
each Agency, including NCUA, to establish an Office of Minority and 
Women Inclusion (OMWI) to be responsible for all matters of the Agency 
relating to diversity in management, employment, and business 
activities. The Dodd-Frank Act also instructed the OMWI Directors to 
develop standards for assessing the diversity policies and practices of 
entities regulated by their Agencies. The Agencies worked together to 
develop joint standards and, on June 10, 2015, they published a Federal 
Register notice (80 FR 33016) entitled ``Final Interagency Policy 
Statement Establishing Joint Standards for Assessing the Diversity 
Policies and Practices of Entities Regulated by the Agencies'' (Policy 
Statement). The NCUA joined the Agencies in issuing the Policy 
Statement. The NCUA is issuing a separate Federal Register notice for 
PRA clearance using this notice. The Policy Statement contains a 
collection of information within the meaning of the PRA (44 U.S.C. 3501 
et seq.).

A. Overview of the Collection of Information

1. Description of the Collection of Information and Proposed Use

    The title for this proposed collection of information is:

 Joint Standards for Assessing Diversity Policies and Practices

    The Policy Statement includes Joint Standards that cover 
``Practices to Promote Transparency of Organizational Diversity and 
Inclusion.'' These standards contemplate that a regulated entity is 
transparent about its diversity and inclusion activities by making 
certain information available to the public annually on its Web site or 
in other appropriate communications, in a manner reflective of the 
entity's size and other characteristics. The information noted in these 
standards is the entity's diversity and inclusion strategic plan; its 
policy on its commitment to diversity and inclusion; progress toward 
achieving diversity and inclusion in its workforce and procurement 
activities (which may include the entity's current workforce and 
supplier demographic profiles); and employment and procurement 
opportunities available at the entity that promote diversity.
    In addition, the Policy Statement includes standards that address 
``Entities' Self-Assessment.'' These standards envision that the 
regulated entity conducts a voluntary self-

[[Page 76586]]

assessment of its diversity policies and practices at least annually, 
provides information pertaining to this self-assessment to its primary 
federal financial regulator, and publishes information pertaining to 
its efforts with respect to the Joint Standards. The information 
provided to the Agencies will be used to monitor progress and trends 
among regulated entities with regard to diversity and inclusion in 
employment and contracting activities, as well as to identify and 
publicize leading diversity policies and practices. NCUA designed a 
proposed, draft ``Voluntary, Sample Credit Union Self-Assessment 
Checklist,'' which federally insured credit unions would be able to use 
to as tool to perform their assessment and to submit this information 
to NCUA.

2. Description of Likely Respondents and Estimate of Annual Burden

    The collections of information contemplated by the Joint Standards 
will impose no new recordkeeping burdens as regulated entities will 
only publish or provide information pertaining to diversity policies 
and practices that they maintain during the normal course of business. 
The NCUA estimates that, on average, it will take a federally insured 
credit union approximately 12 burden hours annually to assess diversity 
and inclusion practices and publish information pertaining to its 
diversity policies and practices on its Web site or in other 
appropriate communications and to retrieve and submit information 
pertaining to its self-assessment to NCUA.
    NCUA estimates the total burden for federally insured credit unions 
as follows:
    Information Collection: Joint Standards for Assessing Diversity 
Policies and Practices.
    Estimated Number of Respondents: 367.
    Frequency of Collection: Annual.
    Average Response Time per Respondent: 12 hours.
    Estimated Total Annual Burden Hours: 4,404.
    Obligation to respond: Voluntary.

B. Solicitation of Public Comments

    The Policy Statement included a 60-day notice requesting public 
comments on the collection of information. 80 FR 33016, 33021 (June 10, 
2015). In addition, NCUA designed a draft proposed ``Voluntary, Sample 
Credit Union Self-Assessment Checklist,'' which federally insured 
credit unions would be able to use to perform their assessment and to 
submit information to NCUA. NCUA released the draft checklist with the 
Joint Standards, and the NCUA Letter to Credit Unions, No. 15-CU-05.
    During the comment period, the Agencies collectively received four 
comment letters: Two from industry trade associations, one from an 
advocacy organization, and one from an individual. Separately, the NCUA 
received a comment letter from an industry trade association. The 
Agencies considered this comment and have included it in the discussion 
of comments below. The comments addressed the collection of information 
under the ``Entities Self-Assessment'' Joint Standards. (As noted 
above, these Joint Standards envision that a regulated entity provides 
self-assessment information to the OMWI Director of the entity's 
primary federal financial regulator.) The commenters also commented on 
aspects of the Policy Statement unrelated to the collection of 
information; these views are not relevant to this notice or the 
paperwork burden analysis and, accordingly, they are not addressed 
below.
    After reviewing and considering the comments related to the 
collection of information, the Agencies have decided not to make any 
changes to the collection of information described in the 60-day 
notice.

1. Practical Utility of Information Collection

    Two commenters addressed whether the collection of information 
pertaining to self-assessments will have practical utility. One 
commenter asserted that it is premature to gauge how useful information 
will be without knowing precisely what information the Agencies will 
request. The other commenter maintained that the information collection 
request in the Policy Statement will yield large variations in the 
information submitted and predicted that the information received will 
have little practical utility. This commenter argued that the Agencies 
should standardize the information they request so they are able to 
assess accurately the state of diversity and inclusion across the 
industry. The commenter's view is that standardization of the data 
request would enhance the quality, utility, and clarity of the 
collected information.
    Although the Agencies have not specified the content or format for 
the information collection described in the Policy Statement, they 
anticipate that the information submitted to them will be similar in 
content, if not in form. They contemplate that regulated entities will 
organize their information collection around the categories in the 
Joint Standards. The Agencies also expect that the information they 
receive will help achieve the purpose of the collection, which is to 
allow the Agencies to identify trends in the financial services 
industry regarding diversity and inclusion in employment and 
contracting and to identify leading diversity policies and practices.

2. Specific Collection Instrument

    As mentioned above, NCUA developed a draft, proposed voluntary 
checklist as an option for a collection tool for federally insured 
credit unions.
    Three commenters requested that the Agencies be more specific about 
the information collection. One commenter asked the Agencies to send 
questions that ``comport with how its member firms operate'' and that 
the information collection request allow entities to submit qualitative 
information to add context to quantitative submissions. Another 
commenter asked the Agencies to provide a ``robust'' example or 
template of the information the entities should submit. This commenter 
also recommended that the Agencies provide a non-exhaustive list of 
materials that respondents can use to compare against what they are 
planning to submit. The third commenter recommended that the Agencies 
develop a standardized collection instrument. This commenter noted that 
it had recommended standardized survey questions when it commented on 
the proposed Policy Statement. The commenter urged the Agencies to 
adopt a thorough framework for collecting specific and consistent data.
    The Agencies appreciate the collection instrument recommendations 
and the offers to assist in developing an instrument. At this time, 
however, the Agencies have not developed a joint information collection 
instrument. The Agencies believe that the Policy Statement encourages 
regulated entities to provide information regarding their self-
assessments in a manner reflective of the Joint Standards and that any 
such information received will be useful.

3. Assurance of Confidentiality

    The Joint Standards addressing Self-Assessments provide that the 
entities submitting information may designate such information as 
confidential commercial information, where appropriate. Three 
commenters expressed concerns about whether the information submitted 
would remain confidential. One commenter indicated that its members are 
concerned that information submitted to their primary federal financial 
regulator might be

[[Page 76587]]

provided, without context, to other regulators or to the U.S. Congress, 
leading to confusion or to the disclosure of competitive information. 
This commenter asked the Agencies to provide a clearer confidentiality 
policy and clarify that submissions will remain confidential unless the 
submitting entity expressly waives confidentiality. Similarly, another 
commenter stated that its members are concerned that third parties may 
have access to the information submitted and could use this information 
to the submitter's disadvantage. This commenter requested additional 
clarification regarding how the Agencies will use and protect submitted 
information, as well as a written statement providing assurance that 
the Agencies will not share the information with third parties.
    The remaining commenter expressed concern that designating 
information as confidential will not guarantee protection from 
disclosure. The commenter observed that, if the public requests 
information under the Freedom of Information Act (FOIA), the regulated 
entity will be notified of the request and provided an opportunity to 
argue against disclosure. In the event that the regulated entity's 
argument does not prevail, the voluntarily submitted information could 
be released to the public.
    Two of these commenters recommended that regulated entities be 
allowed to submit information anonymously. One commenter said its 
members might support the use of a third-party vendor that could 
capture and potentially anonymize submissions as a way to minimize 
information collection burden. The other commenter asserted that giving 
respondents the option to submit information anonymously would enhance 
the quality, utility, and clarity of the information, minimize burden, 
and address confidentiality concerns. This commenter also recommended 
that the Agencies allow submitters to classify themselves into general 
categories, such as by approximate asset size, number of employees, and 
geographic location.
    The Agencies understand that regulated entities want assurances 
that the Agencies will treat the submitted information as confidential 
and will not disclose the information unless the submitter expressly 
waives confidentiality. To the extent that a submission includes 
confidential information, the Agencies will keep such information 
confidential to the extent allowed by law. The Agencies advise 
regulated entities submitting private information to follow their 
primary federal financial regulator's FOIA regulations with respect to 
designating information as confidential or seeking confidential 
treatment.
    Finally, with respect to anonymity, the Agencies are concerned that 
anonymous submissions would be less useful than submissions in which 
the submitting entity is identified. As indicated in the Policy 
Statement, the OMWI Directors plan to reach out to regulated entities 
to discuss diversity and inclusion practices and methods of assessment, 
and these contacts will be more informative for both the Agencies and 
the entities if the Agencies know which submission came from which 
entity. However, the Agencies will reassess this matter over time.

4. Accuracy of Burden Estimate

    The Agencies estimated that, annually, it would take an entity 12 
burden hours, on average, to publish information pertaining to its 
diversity policies and practices on its Web site and to retrieve and 
submit self-assessment information to its primary federal financial 
regulator. One commenter stated that the Agencies grossly 
underestimated the time it would take to collect, categorize, and 
submit this information. The commenter asserted that retrieving 
diversity data is a time-consuming and labor-intensive task, 
particularly for entities with hundreds or thousands of employees 
located throughout U.S. and the world. In addition, the commenter 
maintained that an entity's submission would have to undergo a time-
consuming review by legal counsel and others to assure accuracy and 
clarity before the entity could submit the information.
    The Agencies note that the commenter did not provide an alternative 
estimate or formula for calculating this burden and that 12 hours is an 
estimated average. In the absence of more specific information, the 
Agencies do not have a basis for changing their burden estimate at this 
time. If, however, future feedback indicates that the current estimate 
needs further refinement, the Agencies will consider adjusting their 
estimates accordingly.

5. Estimate of Start-Up Costs

    One commenter asserted that it would take substantial IT, legal, 
and operational resources to put diversity data into a format 
appropriate for submission to a regulator. The commenter said that it 
could not provide an exact estimate of capital or start-up costs for 
submitting this information until an actual information request was 
available. In response, the Agencies note that there are no start-up 
costs associated with the collection of information contained in the 
Joint Standards. Furthermore, any costs incurred by a regulated entity, 
aside from the 12 burden hours discussed above to publish information 
pertaining to its diversity policies and practices on its Web site and 
to retrieve and submit self-assessment information to its primary 
federal financial regulator, will be incurred in the normal course of 
its business activities.
    Written comments continue to be invited on:
    (a) The necessity of the collection of information for the proper 
performance of the Agencies' functions, including whether the 
information will have practical utility;
    (b) The accuracy of the Agencies' estimate of the information 
collection burden, including the validity of the methods and the 
assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information proposed to be collected;
    (d) Ways to minimize the information collection burden 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.
    The Agencies encourage interested parties to submit comments in 
response to these questions. Comments submitted in response to this 
notice will be shared among the Agencies. All comments will become a 
matter of public record.

    By National Credit Union Administration.

    Dated: November 18, 2015.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2015-30932 Filed 12-8-15; 8:45 am]
BILLING CODE P



                                                                           Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices                                             76585

                                                  information. NCUA received no                             Estimated Total Annual Cost:                        SUPPLEMENTARY INFORMATION:     Section
                                                  comments.                                               $28,400.00.                                           342 of the Dodd-Frank Wall Street
                                                     An agency may not conduct or                           By the National Credit Union                        Reform and Consumer Protection Act of
                                                  sponsor, and a person is not required to                Administration Board on November 18, 2015.            2010 (Dodd-Frank Act) required each
                                                  respond to, a collection of information                 Gerard Poliquin,                                      Agency, including NCUA, to establish
                                                  unless it displays a currently valid OMB                Secretary of the Board.                               an Office of Minority and Women
                                                  control number.                                                                                               Inclusion (OMWI) to be responsible for
                                                                                                          [FR Doc. 2015–30933 Filed 12–8–15; 8:45 am]
                                                     NCUA requests that you send your                                                                           all matters of the Agency relating to
                                                                                                          BILLING CODE 7535–01–P
                                                  comments on this collection for part                                                                          diversity in management, employment,
                                                  708a to the location listed in the                                                                            and business activities. The Dodd-Frank
                                                  ADDRESSES section. Your comments                        NATIONAL CREDIT UNION                                 Act also instructed the OMWI Directors
                                                  should address: (a) The necessity of the                ADMINISTRATION                                        to develop standards for assessing the
                                                  information collection for the proper                                                                         diversity policies and practices of
                                                  performance of NCUA, including                          Agency Information Collection;                        entities regulated by their Agencies. The
                                                  whether the information will have                       Submission for OMB Review;                            Agencies worked together to develop
                                                  practical utility; (b) the accuracy of our              Comment Request; Joint Standards for                  joint standards and, on June 10, 2015,
                                                  estimate of the burden of the                           Assessing the Diversity Policies and                  they published a Federal Register notice
                                                  information collection, including the                   Practices of Entities Regulated by the                (80 FR 33016) entitled ‘‘Final
                                                  validity of the methodology and                         Agencies                                              Interagency Policy Statement
                                                  assumptions used; (c) ways we could                                                                           Establishing Joint Standards for
                                                                                                          AGENCY: National Credit Union                         Assessing the Diversity Policies and
                                                  enhance the quality, utility, and clarity
                                                                                                          Administration (NCUA).                                Practices of Entities Regulated by the
                                                  of the information to be collected; and
                                                                                                          ACTION: Notice, request for comment,                  Agencies’’ (Policy Statement). The
                                                  (d) ways we could minimize the burden
                                                  of the information collection on                        and notice of information collection to               NCUA joined the Agencies in issuing
                                                  respondents, such as through the use of                 be submitted to the Office of                         the Policy Statement. The NCUA is
                                                  automated collection techniques or                      Management and Budget (OMB) for                       issuing a separate Federal Register
                                                  other forms of information technology.                  review and approval under the                         notice for PRA clearance using this
                                                                                                          Paperwork Reduction Act of 1995                       notice. The Policy Statement contains a
                                                  It is NCUA’s policy to make all
                                                                                                          (PRA).                                                collection of information within the
                                                  comments available to the public for
                                                  review.                                                                                                       meaning of the PRA (44 U.S.C. 3501 et
                                                                                                          SUMMARY:   The NCUA has submitted to
                                                                                                                                                                seq.).
                                                  II. Data                                                OMB a request for approval under the
                                                                                                          PRA of the collection of information                  A. Overview of the Collection of
                                                     Title: Bank Conversions and Mergers,                 discussed below. An agency may not                    Information
                                                  12 CFR part 708a.                                       conduct or sponsor, and a respondent is
                                                     OMB Number: 3133–0182.                                                                                     1. Description of the Collection of
                                                                                                          not required to respond to, an
                                                     Form Number: None.                                   information collection unless it displays             Information and Proposed Use
                                                     Type of Review: Reinstatement, with                  a currently valid OMB control number.                    The title for this proposed collection
                                                  change.                                                 DATES: Comments must be submitted on                  of information is:
                                                     Description: Part 708a requires an                   or before January 8, 2016.                            • Joint Standards for Assessing
                                                  insured credit union that proposes to                   ADDRESSES: Interested persons are                        Diversity Policies and Practices
                                                  convert to an MSB or to merge into a                    invited to submit written comments on                    The Policy Statement includes Joint
                                                  bank to provide notice and disclosure of                the information collection to Tracy                   Standards that cover ‘‘Practices to
                                                  the proposal to members and NCUA and                    Crews, National Credit Union                          Promote Transparency of Organizational
                                                  to conduct a membership vote.                           Administration, 1775 Duke Street,                     Diversity and Inclusion.’’ These
                                                  Submission of this information is                       Alexandria, VA 22314–3428; by fax to                  standards contemplate that a regulated
                                                  designed to ensure NCUA has sufficient                  703–837–2861; or by email to                          entity is transparent about its diversity
                                                  information to administer the member                    OCIOPRA@ncua.gov.                                     and inclusion activities by making
                                                  vote in an MSB conversion and to                          Additionally, commenters may send a                 certain information available to the
                                                  approve or disapprove a proposed                        copy of their comments to the OMB                     public annually on its Web site or in
                                                  merger into a bank. The information                     desk officer for the Agencies by mail to              other appropriate communications, in a
                                                  collection allows NCUA to ensure                        the Office of Information and Regulatory              manner reflective of the entity’s size and
                                                  compliance with statutory and                           Affairs, U.S. Office of Management and                other characteristics. The information
                                                  regulatory requirements for conversions                 Budget, New Executive Office Building                 noted in these standards is the entity’s
                                                  and mergers. It also ensures that                       Room 10235, 725 17th Street NW.,                      diversity and inclusion strategic plan;
                                                  members of credit unions have                           Washington, DC 20503: by fax to (202)                 its policy on its commitment to
                                                  sufficient and accurate information to                  395–6974; or by email to oira_                        diversity and inclusion; progress toward
                                                  exercise an informed vote concerning a                  submission@omb.eop.gov.                               achieving diversity and inclusion in its
                                                  proposed conversion or merger.                          FOR FURTHER INFORMATION CONTACT: For                  workforce and procurement activities
                                                     Respondents: Federally insured credit                further information about the                         (which may include the entity’s current
                                                  unions.                                                 information collection discussed in this              workforce and supplier demographic
                                                     Estimated Number of Respondents: 2.
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                                                                                                          notice, please contact Tracy Crews,                   profiles); and employment and
                                                     Estimated Number of Responses: 2.                    National Credit Union Administration,                 procurement opportunities available at
                                                     Frequency of Response: One-time; on                  1775 Duke Street, Alexandria, VA                      the entity that promote diversity.
                                                  occasion.                                               22314–3428; by fax to 703–837–2861; or                   In addition, the Policy Statement
                                                     Estimated Time per Response: Ranges                  by email to OCIOPRA@ncua.gov. In                      includes standards that address
                                                  from 300 to 410 hours.                                  addition, background documentation for                ‘‘Entities’ Self-Assessment.’’ These
                                                     Estimated Total Annual Hour Burden:                  this information collection may be                    standards envision that the regulated
                                                  710 hours.                                              viewed at www.reginfo.gov.                            entity conducts a voluntary self-


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                                                  76586                    Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices

                                                  assessment of its diversity policies and                NCUA. NCUA released the draft                         collection around the categories in the
                                                  practices at least annually, provides                   checklist with the Joint Standards, and               Joint Standards. The Agencies also
                                                  information pertaining to this self-                    the NCUA Letter to Credit Unions, No.                 expect that the information they receive
                                                  assessment to its primary federal                       15–CU–05.                                             will help achieve the purpose of the
                                                  financial regulator, and publishes                         During the comment period, the                     collection, which is to allow the
                                                  information pertaining to its efforts with              Agencies collectively received four                   Agencies to identify trends in the
                                                  respect to the Joint Standards. The                     comment letters: Two from industry                    financial services industry regarding
                                                  information provided to the Agencies                    trade associations, one from an                       diversity and inclusion in employment
                                                  will be used to monitor progress and                    advocacy organization, and one from an                and contracting and to identify leading
                                                  trends among regulated entities with                    individual. Separately, the NCUA                      diversity policies and practices.
                                                  regard to diversity and inclusion in                    received a comment letter from an
                                                                                                          industry trade association. The Agencies              2. Specific Collection Instrument
                                                  employment and contracting activities,
                                                  as well as to identify and publicize                    considered this comment and have                         As mentioned above, NCUA
                                                  leading diversity policies and practices.               included it in the discussion of                      developed a draft, proposed voluntary
                                                  NCUA designed a proposed, draft                         comments below. The comments                          checklist as an option for a collection
                                                  ‘‘Voluntary, Sample Credit Union Self-                  addressed the collection of information               tool for federally insured credit unions.
                                                  Assessment Checklist,’’ which federally                 under the ‘‘Entities Self-Assessment’’                   Three commenters requested that the
                                                  insured credit unions would be able to                  Joint Standards. (As noted above, these               Agencies be more specific about the
                                                  use to as tool to perform their                         Joint Standards envision that a regulated             information collection. One commenter
                                                  assessment and to submit this                           entity provides self-assessment                       asked the Agencies to send questions
                                                  information to NCUA.                                    information to the OMWI Director of the               that ‘‘comport with how its member
                                                                                                          entity’s primary federal financial                    firms operate’’ and that the information
                                                  2. Description of Likely Respondents                    regulator.) The commenters also                       collection request allow entities to
                                                  and Estimate of Annual Burden                           commented on aspects of the Policy                    submit qualitative information to add
                                                     The collections of information                       Statement unrelated to the collection of              context to quantitative submissions.
                                                  contemplated by the Joint Standards                     information; these views are not                      Another commenter asked the Agencies
                                                  will impose no new recordkeeping                        relevant to this notice or the paperwork              to provide a ‘‘robust’’ example or
                                                  burdens as regulated entities will only                 burden analysis and, accordingly, they                template of the information the entities
                                                  publish or provide information                          are not addressed below.                              should submit. This commenter also
                                                  pertaining to diversity policies and                       After reviewing and considering the                recommended that the Agencies provide
                                                  practices that they maintain during the                 comments related to the collection of                 a non-exhaustive list of materials that
                                                  normal course of business. The NCUA                     information, the Agencies have decided                respondents can use to compare against
                                                  estimates that, on average, it will take a              not to make any changes to the                        what they are planning to submit. The
                                                  federally insured credit union                          collection of information described in                third commenter recommended that the
                                                  approximately 12 burden hours                           the 60-day notice.                                    Agencies develop a standardized
                                                  annually to assess diversity and                                                                              collection instrument. This commenter
                                                                                                          1. Practical Utility of Information
                                                  inclusion practices and publish                                                                               noted that it had recommended
                                                                                                          Collection
                                                  information pertaining to its diversity                                                                       standardized survey questions when it
                                                                                                             Two commenters addressed whether                   commented on the proposed Policy
                                                  policies and practices on its Web site or
                                                                                                          the collection of information pertaining              Statement. The commenter urged the
                                                  in other appropriate communications
                                                                                                          to self-assessments will have practical               Agencies to adopt a thorough framework
                                                  and to retrieve and submit information                  utility. One commenter asserted that it
                                                  pertaining to its self-assessment to                                                                          for collecting specific and consistent
                                                                                                          is premature to gauge how useful                      data.
                                                  NCUA.                                                   information will be without knowing
                                                     NCUA estimates the total burden for                                                                           The Agencies appreciate the
                                                                                                          precisely what information the Agencies               collection instrument recommendations
                                                  federally insured credit unions as
                                                                                                          will request. The other commenter                     and the offers to assist in developing an
                                                  follows:
                                                     Information Collection: Joint                        maintained that the information                       instrument. At this time, however, the
                                                  Standards for Assessing Diversity                       collection request in the Policy                      Agencies have not developed a joint
                                                  Policies and Practices.                                 Statement will yield large variations in              information collection instrument. The
                                                     Estimated Number of Respondents:                     the information submitted and                         Agencies believe that the Policy
                                                  367.                                                    predicted that the information received               Statement encourages regulated entities
                                                     Frequency of Collection: Annual.                     will have little practical utility. This              to provide information regarding their
                                                     Average Response Time per                            commenter argued that the Agencies                    self-assessments in a manner reflective
                                                  Respondent: 12 hours.                                   should standardize the information they               of the Joint Standards and that any such
                                                     Estimated Total Annual Burden                        request so they are able to assess                    information received will be useful.
                                                  Hours: 4,404.                                           accurately the state of diversity and
                                                                                                          inclusion across the industry. The                    3. Assurance of Confidentiality
                                                     Obligation to respond: Voluntary.
                                                                                                          commenter’s view is that                                 The Joint Standards addressing Self-
                                                  B. Solicitation of Public Comments                      standardization of the data request                   Assessments provide that the entities
                                                    The Policy Statement included a 60-                   would enhance the quality, utility, and               submitting information may designate
                                                  day notice requesting public comments                   clarity of the collected information.                 such information as confidential
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                                                  on the collection of information. 80 FR                    Although the Agencies have not                     commercial information, where
                                                  33016, 33021 (June 10, 2015). In                        specified the content or format for the               appropriate. Three commenters
                                                  addition, NCUA designed a draft                         information collection described in the               expressed concerns about whether the
                                                  proposed ‘‘Voluntary, Sample Credit                     Policy Statement, they anticipate that                information submitted would remain
                                                  Union Self-Assessment Checklist,’’                      the information submitted to them will                confidential. One commenter indicated
                                                  which federally insured credit unions                   be similar in content, if not in form.                that its members are concerned that
                                                  would be able to use to perform their                   They contemplate that regulated entities              information submitted to their primary
                                                  assessment and to submit information to                 will organize their information                       federal financial regulator might be


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                                                                           Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices                                                  76587

                                                  provided, without context, to other                     FOIA regulations with respect to                      costs associated with the collection of
                                                  regulators or to the U.S. Congress,                     designating information as confidential               information contained in the Joint
                                                  leading to confusion or to the disclosure               or seeking confidential treatment.                    Standards. Furthermore, any costs
                                                  of competitive information. This                          Finally, with respect to anonymity,                 incurred by a regulated entity, aside
                                                  commenter asked the Agencies to                         the Agencies are concerned that                       from the 12 burden hours discussed
                                                  provide a clearer confidentiality policy                anonymous submissions would be less                   above to publish information pertaining
                                                  and clarify that submissions will remain                useful than submissions in which the                  to its diversity policies and practices on
                                                  confidential unless the submitting entity               submitting entity is identified. As                   its Web site and to retrieve and submit
                                                  expressly waives confidentiality.                       indicated in the Policy Statement, the                self-assessment information to its
                                                  Similarly, another commenter stated                     OMWI Directors plan to reach out to                   primary federal financial regulator, will
                                                  that its members are concerned that                     regulated entities to discuss diversity               be incurred in the normal course of its
                                                  third parties may have access to the                    and inclusion practices and methods of                business activities.
                                                  information submitted and could use                     assessment, and these contacts will be                   Written comments continue to be
                                                  this information to the submitter’s                     more informative for both the Agencies                invited on:
                                                  disadvantage. This commenter                            and the entities if the Agencies know                    (a) The necessity of the collection of
                                                  requested additional clarification                      which submission came from which                      information for the proper performance
                                                  regarding how the Agencies will use                     entity. However, the Agencies will                    of the Agencies’ functions, including
                                                  and protect submitted information, as                   reassess this matter over time.                       whether the information will have
                                                  well as a written statement providing                   4. Accuracy of Burden Estimate                        practical utility;
                                                  assurance that the Agencies will not                                                                             (b) The accuracy of the Agencies’
                                                  share the information with third parties.                  The Agencies estimated that,                       estimate of the information collection
                                                     The remaining commenter expressed                    annually, it would take an entity 12                  burden, including the validity of the
                                                  concern that designating information as                 burden hours, on average, to publish                  methods and the assumptions used;
                                                  confidential will not guarantee                         information pertaining to its diversity                  (c) Ways to enhance the quality,
                                                  protection from disclosure. The                         policies and practices on its Web site                utility, and clarity of the information
                                                  commenter observed that, if the public                  and to retrieve and submit self-                      proposed to be collected;
                                                  requests information under the Freedom                  assessment information to its primary                    (d) Ways to minimize the information
                                                  of Information Act (FOIA), the regulated                federal financial regulator. One                      collection burden on respondents,
                                                  entity will be notified of the request and              commenter stated that the Agencies                    including through the use of automated
                                                  provided an opportunity to argue                        grossly underestimated the time it                    collection techniques or other forms of
                                                  against disclosure. In the event that the               would take to collect, categorize, and                information technology; and
                                                  regulated entity’s argument does not                    submit this information. The commenter                   (e) Estimates of capital or start-up
                                                  prevail, the voluntarily submitted                      asserted that retrieving diversity data is            costs and costs of operation,
                                                  information could be released to the                    a time-consuming and labor-intensive                  maintenance, and purchase of services
                                                  public.                                                 task, particularly for entities with                  to provide information.
                                                     Two of these commenters                              hundreds or thousands of employees                       The Agencies encourage interested
                                                  recommended that regulated entities be                  located throughout U.S. and the world.                parties to submit comments in response
                                                  allowed to submit information                           In addition, the commenter maintained                 to these questions. Comments submitted
                                                  anonymously. One commenter said its                     that an entity’s submission would have                in response to this notice will be shared
                                                  members might support the use of a                      to undergo a time-consuming review by                 among the Agencies. All comments will
                                                  third-party vendor that could capture                   legal counsel and others to assure                    become a matter of public record.
                                                  and potentially anonymize submissions                   accuracy and clarity before the entity                  By National Credit Union Administration.
                                                  as a way to minimize information                        could submit the information.                           Dated: November 18, 2015.
                                                  collection burden. The other commenter                     The Agencies note that the
                                                                                                                                                                Gerard Poliquin,
                                                  asserted that giving respondents the                    commenter did not provide an
                                                  option to submit information                            alternative estimate or formula for                   Secretary of the Board.
                                                  anonymously would enhance the                           calculating this burden and that 12                   [FR Doc. 2015–30932 Filed 12–8–15; 8:45 am]
                                                  quality, utility, and clarity of the                    hours is an estimated average. In the                 BILLING CODE P
                                                  information, minimize burden, and                       absence of more specific information,
                                                  address confidentiality concerns. This                  the Agencies do not have a basis for
                                                  commenter also recommended that the                     changing their burden estimate at this                NATIONAL FOUNDATION ON THE
                                                  Agencies allow submitters to classify                   time. If, however, future feedback                    ARTS AND THE HUMANITIES
                                                  themselves into general categories, such                indicates that the current estimate needs
                                                  as by approximate asset size, number of                 further refinement, the Agencies will                 National Endowment for the
                                                  employees, and geographic location.                     consider adjusting their estimates                    Humanities
                                                     The Agencies understand that                         accordingly.
                                                  regulated entities want assurances that                                                                       Meetings of Humanities Panel
                                                  the Agencies will treat the submitted                   5. Estimate of Start-Up Costs
                                                                                                                                                                AGENCY: National Endowment for the
                                                  information as confidential and will not                   One commenter asserted that it would               Humanities.
                                                  disclose the information unless the                     take substantial IT, legal, and                       ACTION: Notice of Meetings.
                                                  submitter expressly waives                              operational resources to put diversity
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                                                  confidentiality. To the extent that a                   data into a format appropriate for                    SUMMARY:   The National Endowment for
                                                  submission includes confidential                        submission to a regulator. The                        the Humanities will hold three meetings
                                                  information, the Agencies will keep                     commenter said that it could not                      of the Humanities Panel, a federal
                                                  such information confidential to the                    provide an exact estimate of capital or               advisory committee, during January,
                                                  extent allowed by law. The Agencies                     start-up costs for submitting this                    2016. The purpose of the meetings is for
                                                  advise regulated entities submitting                    information until an actual information               panel review, discussion, evaluation,
                                                  private information to follow their                     request was available. In response, the               and recommendation of applications for
                                                  primary federal financial regulator’s                   Agencies note that there are no start-up              financial assistance under the National


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Document Created: 2015-12-14 13:32:20
Document Modified: 2015-12-14 13:32:20
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, request for comment, and notice of information collection to be submitted to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995 (PRA).
DatesComments must be submitted on or before January 8, 2016.
ContactFor further information about the information collection discussed in this notice, please contact Tracy Crews, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428; by fax to 703-837-2861; or by email to [email protected] In addition, background documentation for this information collection may be viewed at www.reginfo.gov.
FR Citation80 FR 76585 

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