81 FR 23080 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Privacy of Consumer Financial Information

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range		23080-23081
FR Document		2016-09043

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 (44 U.S.C. chapter 35) (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 the renewal of its information collection titled, ``Privacy of Consumer Financial Information.'' The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23080-23081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09043]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Privacy of Consumer Financial 
Information

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

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on a continuing 
information collection, as required by the Paperwork Reduction Act of 
1995 (44 U.S.C. chapter 35) (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 the renewal of its information collection titled, 
``Privacy of Consumer Financial Information.'' The OCC also is giving 
notice that it has sent the collection to OMB for review.

DATES: Comments must be received by May 19, 2016.

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: 1557-0216, 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.

[[Page 23081]]

For security reasons, the OCC requires that visitors make an 
appointment to inspect comments. You may do so by calling (202) 649-
6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649-
5597. Upon arrival, visitors will be required to present valid 
government-issued photo identification and 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 include 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, 1557-0216, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: oira 
[email protected].

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, 
(202) 649-5490 or, 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., Washington, DC 
20219.

SUPPLEMENTARY INFORMATION: 
    The OCC is proposing to extend OMB approval of the following 
information collection:
    Title: Privacy of Consumer Financial Information.
    OMB Control No.: 1557-0216.
    Description:
    The Gramm-Leach-Bliley Act (Act) (Pub. L. 106-102) requires this 
information collection. Regulation P (12 CFR part 1016), a regulation 
promulgated by the Consumer Financial Protection Board (CFPB), 
implements the Act's notice requirements and restrictions on a 
financial institution's ability to disclose nonpublic personal 
information about consumers to nonaffiliated third parties.
    The information collection requirements in 12 CFR part 1016 are as 
follows:
    Sec.  1016.4(a)--Disclosure (institution)--Initial privacy notice 
to consumers requirement--A national bank or Federal savings 
association must provide a clear and conspicuous notice to customers 
and consumers that accurately reflects its privacy policies and 
practices.
    Sec.  1016.5(a)(1)--Disclosure (institution)--Annual privacy notice 
to customers requirement--A national bank or Federal savings 
association must provide a clear and conspicuous notice to customers 
that accurately reflects its privacy policies and practices not less 
than annually during the continuation of the customer relationship.
    Sec.  1016.8--Disclosure (institution)--Revised privacy notices--
Before a national bank or Federal savings association discloses any 
nonpublic personal information in a way that is inconsistent with the 
notices previously given to a consumer, the institution must provide 
the consumer with a clear and conspicuous revised notice of the 
institution's policies and procedures, provide the consumer with a new 
opt out notice, give the consumer a reasonable opportunity to opt out 
of the disclosure, and the consumer must not opt out.
    Sec.  1016.7(a)--Disclosure (institution)--Form of opt out notice 
to consumers; opt out methods--Form of opt out notice--If a national 
bank or Federal savings association is required to provide an opt out 
notice under Sec.  1016.10(a), it must provide to each of its consumers 
a clear and conspicuous notice that accurately explains the right to 
opt out under that section. The notice must state:
     That the national bank or Federal savings association 
discloses or reserves the right to disclose nonpublic personal 
information about its consumer to a nonaffiliated third party;
     That the consumer has the right to opt out of that 
disclosure; and
     A reasonable means by which the consumer may exercise the 
opt out right.
    A national bank or Federal savings association provides a 
reasonable means to exercise an opt out right if it:
     Designates check-off boxes on the relevant forms with the 
opt out notice;
     Includes a reply form with the opt out notice;
     Provides electronic means to opt out; or
     Provides a toll-free number to opt out.
    Sec. Sec.  1016.10(a)(2) and 1016(c)--Consumers must take 
affirmative actions to exercise their rights to prevent financial 
institutions from sharing their information with nonaffiliated 
parties--
     Opt out--Consumers may direct that the national bank or 
Federal savings association not disclose nonpublic personal information 
about them to a nonaffiliated third party, other than permitted by 
Sec. Sec.  1016.13-1016.15.
     Partial opt out--Consumer also may exercise partial opt 
out rights by selecting certain nonpublic personal information or 
certain nonaffiliated third parties with respect to which the consumer 
wishes to opt out.
    Sec. Sec.  1016.7(h) and 1016(i)--Reporting (consumer)--Duration of 
right to opt out--Continuing right to opt out--A consumer may exercise 
the right to opt out at any time. A consumer's direction to opt out is 
effective until the consumer revokes it in writing or, if the consumer 
agrees, electronically. When a customer relationship terminates, the 
customer's opt out direction continues to apply to the nonpublic 
personal information collected during or related to that relationship.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit; individuals.
    Estimated Number of Respondents: 2,706,750.
    Estimated Total Burden Hours: 693,284 hours.\1\
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    \1\ On December 4, 2015, the FAST Act (Pub. L. 114-94, Section 
75001) was enacted, which amended the Gramm-Leach-Bliley Act (15 
U.S.C. 6803) to exempt financial institutions from issuing a 
mandatory annual privacy notice if there has been no change in the 
disclosures required to be included in the institution's privacy 
policy from those that were provided in the most recent prior 
privacy policy notice and the institutions is not sharing nonpublic 
personal information with nonaffiliated third parties except 
pursuant to the exceptions in the existing law. It is unclear how 
many institutions will avail themselves of this exemption and, 
therefore, we have used a conservative burden estimate that does not 
take into consideration the recent enactment of the FAST Act. We 
will continue to monitor these notices and adjust our burden 
estimate, as necessary.
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    The OCC published a notice for 60 days of comment regarding this 
collection on February 8, 2016, 81 FR 6595. 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 OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC'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 13, 2016.
Mary Hoyle Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2016-09043 Filed 4-18-16; 8:45 am]
 BILLING CODE 4810-33-P

23080 Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices

Type of Request: Approval boardings, and route miles served. The Affairs, Office of Management and
modifications to an existing information overall length of the revised Budget, 725–17th Street NW.,
collection. questionnaire for the 2018 NCFO will Washington, DC 20503, Attention: BTS
Affected Public: There are remain consistent with that of previous Desk Officer.
approximately 260 ferry operators years. Issued in Washington, DC on this 12th day
nationwide. The survey will be administered to of April, 2016.
Abstract: The Transportation Equity the entire population of ferry operators Patricia Hu, Director,
Act for the 21st Century (TEA–21) (Pub. (estimate 260 or less). The survey will Bureau of Transportation Statistics, Office of
L. 105–178), section 1207(c), directed request the respondents to provide the Assistant Secretary for Research and
the Secretary of Transportation to information such as: the points served; Technology.
conduct a study of ferry transportation the type of ownership; the number of [FR Doc. 2016–08998 Filed 4–18–16; 8:45 am]
in the United States and its possessions. passengers and vehicles carried in the BILLING CODE 4910–9X–P
In 2000, the Federal Highway past 12 months; vessel descriptions
Administration (FHWA) Office of (including type of fuel), federal, state
Intermodal and Statewide Planning and local funding sources, and
conducted a survey of approximately DEPARTMENT OF THE TREASURY
intermodal connectivity. All data
260 ferry operators to identify: (1) collected in 2018 will be added to the Office of the Comptroller of the
Existing ferry operations including the existing NCFO database. Currency
location and routes served; (2) source Data Confidentiality Provisions: The
and amount, if any, of funds derived National Census of Ferry Operators may Agency Information Collection
from Federal, State, or local collect confidential business Activities: Information Collection
governments supporting ferry information. The confidentiality of these Renewal; Submission for OMB Review;
construction or operations; (3) potential data will be protected under 49 CFR Privacy of Consumer Financial
domestic ferry routes in the United 7.29. In accordance with this regulation, Information
States and its possessions; and (4) only statistical and non-sensitive
potential for use of high speed ferry business information will be made AGENCY: Office of the Comptroller of the
services and alternative-fueled ferry available through publications and Currency (OCC), Treasury.
services. The Safe, Accountable, public use data files. The statistical ACTION: Notice and request for comment.
Flexible Efficient Transportation Equity public use data are intended to provide
SUMMARY: The OCC, as part of its
Act—A Legacy for Users (SAFETEA– an aggregated source of information on
continuing effort to reduce paperwork
LU) Pub. L. 109–59, Section 1801(e)) ferry boat operations nationwide.
and respondent burden, invites the
required that the Secretary, acting Business sensitive information may be
general public and other Federal
through the BTS, shall establish and shared with FHWA to support FAST
agencies to take this opportunity to
maintain a national ferry database Act funding allocations. comment on a continuing information
containing current information Frequency: This survey will be
collection, as required by the Paperwork
regarding routes, vessels, passengers updated every other year.
Estimated Average Burden per Reduction Act of 1995 (44 U.S.C.
and vehicles carried, funding sources
and such other information as the Response: The burden per respondent is chapter 35) (PRA).
In accordance with the requirements
Secretary considers useful. MAP–21 estimated to be an average of 30
of the PRA, the OCC may not conduct
legislation [Moving Ahead for Progress minutes. This average is based on an
or sponsor, and the respondent is not
in the 21st Century Act (Pub. L. 112– estimate of 20 minutes to answer new
required to respond to, an information
141),] continued the BTS mandate to questions and an additional 10 minutes
collection unless it displays a currently
conduct the NCFO and also required to review.
Estimated Total Annual Burden: The valid Office of Management and Budget
that the Federal Highway
total annual burden (in the year that the (OMB) control number. The OCC is
Administration (FHWA) use the NCFO
survey is conducted) is estimated to be soliciting comment concerning the
data to set the specific formula for
allocating federal ferry funds. The just under 130 hours (that is 30 minutes renewal of its information collection
funding allocations were based on a per respondent for 260 respondents titled, ‘‘Privacy of Consumer Financial
percentage of the number of passenger equals 7,800 minutes). Information.’’ The OCC also is giving
boardings, vehicle boardings, and route Response to Comments: A 60 day notice that it has sent the collection to
miles served. notice requesting public comment was OMB for review.
BTS conducted the first Census of issued in the Federal Register on DATES: Comments must be received by
Ferry Operators in 2006. The Census February 3, 2016. No comments were May 19, 2016.
was conducted again in 2008, 2010, received. ADDRESSES: Because paper mail in the
2014, and is scheduled for the spring Public Comments Invited: Interested Washington, DC area and at the OCC is
2016. These information collections parties are invited to send comments subject to delay, commenters are
were originally approved by OMB under regarding any aspect of this information encouraged to submit comments by
Control Number 2139–0009. The collection, including, but not limited to: email, if possible. Comments may be
recently enacted FAST Act legislation (1) The necessity and utility of the sent to: Legislative and Regulatory
[Fixing America’s Surface information collection for the proper Activities Division, Office of the
Transportation Act (Pub. L. 114–94, sec. performance of the functions of the Comptroller of the Currency, Attention:
mstockstill on DSK4VPTVN1PROD with NOTICES

1112)] continues the BTS mandate to DOT; (2) the accuracy of the estimated 1557–0216, 400 7th Street SW., Suite
conduct the NCFO on a biennial basis, burden; (3) ways to enhance the quality, 3E–218, Mail Stop 9W–11, Washington,
and extended the requirement that the utility, clarity and content of the DC 20219. In addition, comments may
Federal Highway Administration collected information; and (4) ways to be sent by fax to (571) 465–4326 or by
(FHWA) use the NCFO data to set the minimize the collection burden without electronic mail to prainfo@occ.treas.gov.
specific formula for allocating federal reducing the quality of the collected You may personally inspect and
ferry funds based on a percentage of the information. Send comments to the photocopy comments at the OCC, 400
number of passenger boardings, vehicle Office of Information and Regulatory 7th Street SW., Washington, DC 20219.

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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Notices 23081

For security reasons, the OCC requires must provide a clear and conspicuous §§ 1016.7(h) and 1016(i)—Reporting
that visitors make an appointment to notice to customers that accurately (consumer)—Duration of right to opt
inspect comments. You may do so by reflects its privacy policies and out—Continuing right to opt out—A
calling (202) 649–6700 or, for persons practices not less than annually during consumer may exercise the right to opt
who are deaf or hard of hearing, TTY, the continuation of the customer out at any time. A consumer’s direction
(202) 649–5597. Upon arrival, visitors relationship. to opt out is effective until the consumer
will be required to present valid § 1016.8—Disclosure (institution)— revokes it in writing or, if the consumer
government-issued photo identification Revised privacy notices—Before a agrees, electronically. When a customer
and submit to security screening in national bank or Federal savings relationship terminates, the customer’s
order to inspect and photocopy association discloses any nonpublic opt out direction continues to apply to
comments. personal information in a way that is the nonpublic personal information
All comments received, including inconsistent with the notices previously collected during or related to that
attachments and other supporting given to a consumer, the institution relationship.
materials, are part of the public record must provide the consumer with a clear Type of Review: Regular.
and subject to public disclosure. Do not and conspicuous revised notice of the Affected Public: Businesses or other
include any information in your institution’s policies and procedures, for-profit; individuals.
comment or supporting materials that provide the consumer with a new opt Estimated Number of Respondents:
you consider confidential or out notice, give the consumer a 2,706,750.
inappropriate for public disclosure. reasonable opportunity to opt out of the Estimated Total Burden Hours:
Additionally, please send a copy of disclosure, and the consumer must not 693,284 hours.1
your comments by mail to: OCC Desk opt out.
§ 1016.7(a)—Disclosure (institution)— The OCC published a notice for 60
Officer, 1557–0216, U.S. Office of
Form of opt out notice to consumers; opt days of comment regarding this
Management and Budget, 725 17th
out methods—Form of opt out notice— collection on February 8, 2016, 81 FR
Street NW., #10235, Washington, DC
If a national bank or Federal savings 6595. No comments were received.
20503, or by email to: oira submission@
association is required to provide an opt Comments continue to be invited on:
omb.eop.gov.
out notice under § 1016.10(a), it must (a) Whether the collection of
FOR FURTHER INFORMATION CONTACT:
provide to each of its consumers a clear information is necessary for the proper
Shaquita Merritt, Clearance Officer, performance of the functions of the
(202) 649–5490 or, for persons who are and conspicuous notice that accurately
explains the right to opt out under that OCC, including whether the information
deaf or hard of hearing, TTY, (202) 649– has practical utility;
5597, Legislative and Regulatory section. The notice must state:
Activities Division, Office of the • That the national bank or Federal (b) The accuracy of the OCC’s
savings association discloses or reserves estimate of the burden of the collection
Comptroller of the Currency, 400 7th
the right to disclose nonpublic personal of information;
Street SW., Washington, DC 20219.
information about its consumer to a (c) Ways to enhance the quality,
SUPPLEMENTARY INFORMATION:
nonaffiliated third party; utility, and clarity of the information to
The OCC is proposing to extend OMB • That the consumer has the right to be collected;
approval of the following information opt out of that disclosure; and (d) Ways to minimize the burden of
collection: • A reasonable means by which the the collection on respondents, including
Title: Privacy of Consumer Financial consumer may exercise the opt out through the use of automated collection
Information. right. techniques or other forms of information
OMB Control No.: 1557–0216. A national bank or Federal savings
Description: technology; and
association provides a reasonable means (e) Estimates of capital or start-up
The Gramm-Leach-Bliley Act (Act) to exercise an opt out right if it:
(Pub. L. 106–102) requires this costs and costs of operation,
• Designates check-off boxes on the maintenance, and purchase of services
information collection. Regulation P (12 relevant forms with the opt out notice;
CFR part 1016), a regulation to provide information.
• Includes a reply form with the opt
promulgated by the Consumer Financial out notice; Dated: April 13, 2016.
Protection Board (CFPB), implements • Provides electronic means to opt Mary Hoyle Gottlieb,
the Act’s notice requirements and out; or Regulatory Specialist, Legislative and
restrictions on a financial institution’s • Provides a toll-free number to opt Regulatory Activities Division.
ability to disclose nonpublic personal out. [FR Doc. 2016–09043 Filed 4–18–16; 8:45 am]
information about consumers to §§ 1016.10(a)(2) and 1016(c)— BILLING CODE 4810–33–P
nonaffiliated third parties. Consumers must take affirmative
The information collection actions to exercise their rights to prevent 1 On December 4, 2015, the FAST Act (Pub. L.
requirements in 12 CFR part 1016 are as financial institutions from sharing their 114–94, Section 75001) was enacted, which
follows: information with nonaffiliated parties— amended the Gramm-Leach-Bliley Act (15 U.S.C.
§ 1016.4(a)—Disclosure (institution)— • Opt out—Consumers may direct 6803) to exempt financial institutions from issuing
a mandatory annual privacy notice if there has been
Initial privacy notice to consumers that the national bank or Federal savings no change in the disclosures required to be
requirement—A national bank or association not disclose nonpublic included in the institution’s privacy policy from
Federal savings association must personal information about them to a those that were provided in the most recent prior
privacy policy notice and the institutions is not
mstockstill on DSK4VPTVN1PROD with NOTICES

provide a clear and conspicuous notice nonaffiliated third party, other than
sharing nonpublic personal information with
to customers and consumers that permitted by §§ 1016.13–1016.15. nonaffiliated third parties except pursuant to the
accurately reflects its privacy policies • Partial opt out—Consumer also may exceptions in the existing law. It is unclear how
and practices. exercise partial opt out rights by many institutions will avail themselves of this
§ 1016.5(a)(1)—Disclosure selecting certain nonpublic personal exemption and, therefore, we have used a
conservative burden estimate that does not take into
(institution)—Annual privacy notice to information or certain nonaffiliated consideration the recent enactment of the FAST
customers requirement—A national third parties with respect to which the Act. We will continue to monitor these notices and
bank or Federal savings association consumer wishes to opt out. adjust our burden estimate, as necessary.

VerDate Sep<11>2014 18:41 Apr 18, 2016 Jkt 238001 PO 00000 Frm 00118 Fmt 4703 Sfmt 9990 E:\FR\FM\19APN1.SGM 19APN1

Document Created: 2016-04-19 00:16:05
Document Modified: 2016-04-19 00:16:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comment.
Dates		Comments must be received by May 19, 2016.
Contact		Shaquita Merritt, Clearance Officer, (202) 649-5490 or, 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., Washington, DC 20219.
FR Citation		81 FR 23080

81 FR 23080 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Privacy of Consumer Financial Information

DEPARTMENT OF THE TREASURYOffice of the Comptroller of the Currency

Federal Register Volume 81, Issue 75 (April 19, 2016)

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency