82_FR_9503 82 FR 9480 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Credit Reporting: Affiliate Marketing

82 FR 9480 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Credit Reporting: Affiliate Marketing

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 23 (February 6, 2017)

Page Range9480-9481
FR Document2017-02357

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the renewal of an information collection as required by the Paperwork Reduction Act of 1995 (PRA). 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 Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of an information collection titled, ``Affiliate Marketing.'' The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Register, Volume 82 Issue 23 (Monday, February 6, 2017)
[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9480-9481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02357]


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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; Fair Credit Reporting: Affiliate 
Marketing

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 comment on the renewal of an information collection as 
required by the Paperwork Reduction Act of 1995 (PRA).
    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 Office of Management and Budget (OMB) control number.
    The OCC is soliciting comment concerning the renewal of an 
information collection titled, ``Affiliate Marketing.'' The OCC also is 
giving notice that it has sent the collection to OMB for review.

DATES: Comments must be submitted on or before March 8, 2017.

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: 1557-0230, 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 prainfo@occ.treas.gov. 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 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, 1557-0230, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503 or by email to: oira 
submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC 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: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. The OCC requests 
that OMB extend its approval of the following collection.
    Title: Fair Credit Reporting: Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Type of Review: Regular.
    Frequency of Response: On occasion.
    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 97,773.
    Total Annual Burden: 10,281 hours.
    Description: Section 214 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACT Act),\1\ which added section 624 to the 
Fair Credit Reporting Act

[[Page 9481]]

(FCRA),\2\ generally prohibits a person from using certain information 
received from an affiliate to make a solicitation for marketing 
purposes to the consumer, unless the consumer is given notice and an 
opportunity and simple method to opt out of such solicitations.
---------------------------------------------------------------------------

    \1\ Public Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \2\ 15 U.S.C. 1681 et seq.
---------------------------------------------------------------------------

    Twelve CFR 1022.20-1022.27 requires financial institutions to issue 
notices informing consumers about their rights under section 214 of the 
FACT Act. Consumers use the notices to decide if they want to receive 
solicitations for marketing purposes or opt out. Financial institutions 
use the consumers' opt-out responses to determine the permissibility of 
making a solicitation for marketing purposes.
    If a person receives certain consumer eligibility information from 
an affiliate, the person may not use that information to make 
solicitations to the consumer about its products or services, unless 
the consumer is given notice and a simple method to opt out of such use 
of the information, and the consumer does not opt out. Exceptions 
include, a person using eligibility information: (1) To make 
solicitations to a consumer with whom the person has a pre-existing 
business relationship; (2) to perform services for another affiliate 
subject to certain conditions; (3) in response to a communication 
initiated by the consumer; or (4) to make a solicitation that has been 
authorized or requested by the consumer. A consumer's affiliate 
marketing opt-out election must be effective for a period of at least 
five years. Upon expiration of the opt-out period, the consumer must be 
given a renewal notice and an opportunity to renew the opt-out before 
information received from an affiliate may be used to make 
solicitations to the consumer.
    Comments: On October 25, 2016, the OCC issued a 60-day notice 
soliciting comment on the information collection, 81 FR 73473. 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 information 
collection burden;
    (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: January 26, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2017-02357 Filed 2-3-17; 8:45 am]
 BILLING CODE 4810-33-P



                                                9480                           Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices

                                                Any documentation in SWRR’s                               discontinuance regulations at 49 CFR                 be sent by fax to (571) 465–4326 or by
                                                possession will be made available                         part 1152. Questions concerning                      electronic mail to prainfo@occ.treas.gov.
                                                promptly to those requesting it.                          environmental issues may be directed to              You may personally inspect and
                                                   SWRR asserts that, because it is                       the Board’s Office of Environmental                  photocopy comments at the OCC, 400
                                                terminating operations over its entire                    Analysis at (202) 245–0305. Assistance               7th Street SW., Washington, DC 20219.
                                                system,4 the employee protective                          for the hearing impaired is available                For security reasons, the OCC requires
                                                conditions set forth in Oregon Short                      through the Federal Information Relay                that visitors make an appointment to
                                                Line Railroad—Abandonment Portion                         Service (FIRS) at 1–800–877–8339.                    inspect comments. You may do so by
                                                Goshen Branch Between Firth &                               Board decisions and notices are                    calling (202) 649–6700 or, for persons
                                                Ammon, in Bingham & Bonneville                            available on our Web site at                         who are deaf or hard of hearing, TTY,
                                                Counties, Idaho, 360 I.C.C. 91 (1979),                    WWW.STB.GOV.                                         (202) 649–5597. Upon arrival, visitors
                                                should not be imposed.5                                                                                        will be required to present valid
                                                                                                            Decided: February 1, 2017.
                                                   Because this is a discontinuance                                                                            government-issued photo identification
                                                proceeding and not an abandonment                           By the Board, Rachel D. Campbell,
                                                                                                          Director, Office of Proceedings.                     and submit to security screening in
                                                proceeding, trail use/rail banking and                                                                         order to inspect and photocopy
                                                public use conditions are not                             Jeffrey Herzig,
                                                                                                                                                               comments.
                                                appropriate. Because there will be                        Clearance Clerk.
                                                                                                                                                                  All comments received, including
                                                environmental review during                               [FR Doc. 2017–02427 Filed 2–3–17; 8:45 am]           attachments and other supporting
                                                abandonment, this discontinuance does                     BILLING CODE 4915–01–P                               materials, are part of the public record
                                                not require an environmental review.                                                                           and subject to public disclosure. Do not
                                                   By issuance of this notice, the Board                                                                       include any information in your
                                                is instituting an exemption proceeding                    DEPARTMENT OF THE TREASURY                           comment or supporting materials that
                                                pursuant to 49 U.S.C. 10502(b). A final                                                                        you consider confidential or
                                                decision will be issued by May 5, 2017.                   Office of the Comptroller of the                     inappropriate for public disclosure.
                                                   Any offer of financial assistance                      Currency                                                Additionally, please send a copy of
                                                (OFA) under 49 CFR 1152.27(b)(2) to                                                                            your comments by mail to: OCC Desk
                                                subsidize continued rail service will be                  Agency Information Collection
                                                                                                                                                               Officer, 1557–0230, U.S. Office of
                                                due no later than May 15, 2017, or 10                     Activities: Information Collection
                                                                                                                                                               Management and Budget, 725 17th
                                                days after service of a decision granting                 Renewal; Submission for OMB Review;
                                                                                                                                                               Street NW., #10235, Washington, DC
                                                the petition for exemption, whichever                     Fair Credit Reporting: Affiliate
                                                                                                                                                               20503 or by email to: oira submission@
                                                occurs first. Each OFA must be                            Marketing
                                                                                                                                                               omb.eop.gov.
                                                accompanied by a $1,700 filing fee. See                   AGENCY: Office of the Comptroller of the             FOR FURTHER INFORMATION CONTACT:
                                                Regulations Governing Fees for Servs.                     Currency (OCC), Treasury.                            Shaquita Merritt, OCC Clearance
                                                Performed in Connection with Licensing
                                                                                                          ACTION: Notice and request for comment.              Officer, (202) 649–5490 or, for persons
                                                & Related Servs.—2016 Update, EP 542
                                                                                                                                                               who are deaf or hard of hearing, TTY,
                                                (Sub-No. 24) (STB served August 2,                        SUMMARY:   The OCC, as part of its                   (202) 649–5597, Legislative and
                                                2016).                                                    continuing effort to reduce paperwork                Regulatory Activities Division, Office of
                                                   All filings in response to this notice                 and respondent burden, invites the                   the Comptroller of the Currency, 400 7th
                                                must refer to Docket No. AB 1251X and                     general public and other Federal                     Street SW., Washington, DC 20219.
                                                must be sent to: (1) Surface                              agencies to comment on the renewal of
                                                Transportation Board, 395 E Street SW.,                                                                        SUPPLEMENTARY INFORMATION: Under the
                                                                                                          an information collection as required by             PRA (44 U.S.C. 3501–3520), Federal
                                                Washington, DC 20423–0001; and (2)                        the Paperwork Reduction Act of 1995
                                                William A. Mullins and Crystal M.                                                                              agencies must obtain approval from
                                                                                                          (PRA).                                               OMB for each collection of information
                                                Zorbaugh, Baker and Miller PLLC, 2401                       An agency may not conduct or
                                                Pennsylvania Ave. NW., Suite 300,                                                                              that they conduct or sponsor.
                                                                                                          sponsor, and a respondent is not                     ‘‘Collection of information’’ is defined
                                                Washington, DC 20037. Replies to the                      required to respond to, an information
                                                petition are due on or before February                                                                         in 44 U.S.C. 3502(3) and 5 CFR
                                                                                                          collection unless it displays a currently            1320.3(c) to include agency requests or
                                                6, 2017.                                                  valid Office of Management and Budget
                                                   Persons seeking further information                                                                         requirements that members of the public
                                                                                                          (OMB) control number.                                submit reports, keep records, or provide
                                                concerning discontinuance procedures
                                                                                                            The OCC is soliciting comment                      information to a third party. The OCC
                                                may contact the Board’s Office of Public
                                                                                                          concerning the renewal of an                         requests that OMB extend its approval
                                                Assistance, Governmental Affairs, and
                                                                                                          information collection titled, ‘‘Affiliate           of the following collection.
                                                Compliance at (202) 245–0238 or refer
                                                                                                          Marketing.’’ The OCC also is giving                     Title: Fair Credit Reporting: Affiliate
                                                to the full abandonment or
                                                                                                          notice that it has sent the collection to            Marketing.
                                                  4 SWRR currently operates two divisions, the
                                                                                                          OMB for review.                                         OMB Control No.: 1557–0230.
                                                Carlsbad Division and the Whitewater Division.            DATES: Comments must be submitted on                    Type of Review: Regular.
                                                SWRR explains that it is discontinuing its                or before March 8, 2017.                                Frequency of Response: On occasion.
                                                operations pursuant to a lease over the Carlsbad                                                                  Affected Public: Businesses or other
                                                Division in this proceeding and selling its               ADDRESSES: Because paper mail in the
                                                                                                                                                               for-profit.
                                                Whitewater Division in an unrelated proceeding.           Washington, DC area and at the OCC is                   Estimated Number of Respondents:
                                                See N.M. Cent. R.R.—Acquis. & Operation                   subject to delay, commenters are                     97,773.
                                                Exemption—Sw. R.R. Whitewater Div., FD 36085              encouraged to submit comments by
sradovich on DSK3GMQ082PROD with NOTICES




                                                (Filed Dec. 17, 2016). SWRR states that upon                                                                      Total Annual Burden: 10,281 hours.
                                                consummation of the Carlsbad and Whitewater               email, if possible. Comments may be                     Description: Section 214 of the Fair
                                                Divisions transactions, SWRR will cease to be a           sent to: Legislative and Regulatory                  and Accurate Credit Transactions Act of
                                                common carrier entity.                                    Activities Division, Office of the                   2003 (FACT Act),1 which added section
                                                  5 See Wellsville, Addison & Galeton R.R.—Aban.
                                                                                                          Comptroller of the Currency, Attention:              624 to the Fair Credit Reporting Act
                                                of Entire Line in Potter & Tioga Ctys., Pa., 354 I.C.C.
                                                744 (1978); and Northampton & Bath R.R.—Aban.
                                                                                                          1557–0230, 400 7th Street SW., suite
                                                near Northampton & Bath Junction in Northampton           3E–218, mail stop 9W–11, Washington,                    1 Public Law 108–159, 117 Stat. 1952 (December

                                                Cty., Pa., 354 I.C.C. 784 (1978).                         DC 20219. In addition, comments may                  4, 2003).



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                                                                               Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices                                             9481

                                                (FCRA),2 generally prohibits a person                       (e) Estimates of capital or start-up                who are deaf or hard of hearing, TTY,
                                                from using certain information received                   costs and costs of operation,                         (202) 649–5597. Upon arrival, visitors
                                                from an affiliate to make a solicitation                  maintenance, and purchase of services                 will be required to present valid
                                                for marketing purposes to the consumer,                   to provide information.                               government-issued photo identification
                                                unless the consumer is given notice and                     Dated: January 26, 2017.                            and submit to a security screening in
                                                an opportunity and simple method to                       Karen Solomon,                                        order to inspect and photocopy
                                                opt out of such solicitations.                                                                                  comments.
                                                                                                          Deputy Chief Counsel, Office of the
                                                   Twelve CFR 1022.20–1022.27 requires                    Comptroller of the Currency.                             All comments received, including
                                                financial institutions to issue notices                                                                         attachments and other supporting
                                                                                                          [FR Doc. 2017–02357 Filed 2–3–17; 8:45 am]
                                                informing consumers about their rights                                                                          materials, are part of the public record
                                                                                                          BILLING CODE 4810–33–P
                                                under section 214 of the FACT Act.                                                                              and subject to public disclosure. Do not
                                                Consumers use the notices to decide if                                                                          include any information in your
                                                they want to receive solicitations for                                                                          comment or supporting materials that
                                                                                                          DEPARTMENT OF THE TREASURY
                                                marketing purposes or opt out.                                                                                  you consider confidential or
                                                Financial institutions use the                            Office of the Comptroller of the                      inappropriate for public disclosure.
                                                consumers’ opt-out responses to                           Currency                                                 Additionally, please send a copy of
                                                determine the permissibility of making                                                                          your comments by mail to: OCC Desk
                                                a solicitation for marketing purposes.                    Agency Information Collection                         Officer, 1557–0250, U.S. Office of
                                                   If a person receives certain consumer                  Activities: Information Collection                    Management and Budget, 725 17th
                                                eligibility information from an affiliate,                Renewal; Submission for OMB Review;                   Street NW., #10235, Washington, DC
                                                the person may not use that information                   Retail Foreign Exchange Transactions                  20503 or by email to: oira submission@
                                                to make solicitations to the consumer                                                                           omb.eop.gov.
                                                about its products or services, unless the                AGENCY: Office of the Comptroller of the
                                                                                                          Currency (OCC), Treasury.                             FOR FURTHER INFORMATION CONTACT:
                                                consumer is given notice and a simple                                                                           Shaquita Merritt, OCC Clearance
                                                method to opt out of such use of the                      ACTION: Notice and request for comment.
                                                                                                                                                                Officer, (202) 649–5490 or, for persons
                                                information, and the consumer does not                                                                          who are deaf or hard of hearing, TTY,
                                                                                                          SUMMARY:    The OCC, as part of its
                                                opt out. Exceptions include, a person                                                                           (202) 649–5597, Legislative and
                                                                                                          continuing effort to reduce paperwork
                                                using eligibility information: (1) To                                                                           Regulatory Activities Division, Office of
                                                                                                          and respondent burden, invites the
                                                make solicitations to a consumer with                                                                           the Comptroller of the Currency, 400 7th
                                                                                                          general public and other Federal
                                                whom the person has a pre-existing                                                                              Street SW., Washington, DC 20219.
                                                                                                          agencies to take this opportunity to
                                                business relationship; (2) to perform
                                                                                                          comment on a continuing information                   SUPPLEMENTARY INFORMATION: Under the
                                                services for another affiliate subject to
                                                                                                          collection as required by the Paperwork               PRA (44 U.S.C. 3501–3520), Federal
                                                certain conditions; (3) in response to a
                                                                                                          Reduction Act of 1995 (PRA).                          agencies must obtain approval from
                                                communication initiated by the                               In accordance with the requirements
                                                consumer; or (4) to make a solicitation                                                                         OMB for each collection of information
                                                                                                          of the PRA, the OCC may not conduct                   that they conduct or sponsor.
                                                that has been authorized or requested by                  or sponsor, and the respondent is not
                                                the consumer. A consumer’s affiliate                                                                            ‘‘Collection of information’’ is defined
                                                                                                          required to respond to, an information                in 44 U.S.C. 3502(3) and 5 CFR
                                                marketing opt-out election must be                        collection unless it displays a currently
                                                effective for a period of at least five                                                                         1320.3(c) to include agency requests or
                                                                                                          valid Office of Management and Budget                 requirements that members of the public
                                                years. Upon expiration of the opt-out                     (OMB) control number.
                                                period, the consumer must be given a                                                                            submit reports, keep records, or provide
                                                                                                             The OCC is soliciting comment on the               information to a third party.
                                                renewal notice and an opportunity to                      renewal of its information collection
                                                renew the opt-out before information                                                                               Title: Retail Foreign Exchange
                                                                                                          titled ‘‘Retail Foreign Exchange                      Transactions.
                                                received from an affiliate may be used                    Transactions.’’ The OCC also is giving                   OMB Control No.: 1557–0250.
                                                to make solicitations to the consumer.                    notice that is has sent the collection to
                                                   Comments: On October 25, 2016, the                                                                              Type of Review: Regular.
                                                                                                          OMB for review.                                          Frequency of Response: On occasion.
                                                OCC issued a 60-day notice soliciting
                                                                                                          DATES: Comments must be submitted on                     Affected Public: Businesses or other
                                                comment on the information collection,
                                                                                                          or before March 8, 2017.                              for-profit.
                                                81 FR 73473. No comments were                                                                                      Estimated Number of Respondents:
                                                received. Comments continue to be                         ADDRESSES: Because paper mail in the
                                                                                                          Washington, DC area and at the OCC is                 15.
                                                invited on:                                                                                                        Total Annual Burden: 22,418 hours.
                                                   (a) Whether the collection of                          subject to delay, commenters are
                                                information is necessary for the proper                   encouraged to submit comments by                      Description
                                                performance of the functions of the                       email, if possible. Comments may be
                                                                                                          sent to: Legislative and Regulatory                   Background
                                                OCC, including whether the information
                                                has practical utility;                                    Activities Division, Office of the                       The OCC’s retail forex rule (12 CFR
                                                   (b) The accuracy of the OCC’s                          Comptroller of the Currency, Attention:               part 48) allows national banks and
                                                estimate of the information collection                    1557–0250, 400 7th Street SW., suite                  Federal savings associations to offer
                                                burden;                                                   3E–218, mail stop 9W–11, Washington,                  retail foreign exchange transactions to
                                                   (c) Ways to enhance the quality,                       DC 20219. In addition, comments may                   its customers. In order to engage in
                                                utility, and clarity of the information to                be sent by fax to (571) 465–4326 or by                these transactions, institutions must
                                                                                                          electronic mail to prainfo@occ.treas.gov.
sradovich on DSK3GMQ082PROD with NOTICES




                                                be collected;                                                                                                   comply with various reporting,
                                                   (d) Ways to minimize the burden of                     You may personally inspect and                        disclosure, and recordkeeping
                                                the collection on respondents, including                  photocopy comments at the OCC, 400                    requirements included in that rule.
                                                through the use of automated collection                   7th Street SW., Washington, DC 20219.
                                                techniques or other forms of information                  For security reasons, the OCC requires                Reporting Requirements
                                                technology; and                                           that visitors make an appointment to                    The reporting requirements in § 48.4
                                                                                                          inspect comments. You may do so by                    state that, prior to initiating a retail
                                                  2 15   U.S.C. 1681 et seq.                              calling (202) 649–6700 or, for persons                forex business, a national bank or


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Document Created: 2017-02-04 00:25:10
Document Modified: 2017-02-04 00:25:10
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.
DatesComments must be submitted on or before March 8, 2017.
ContactShaquita Merritt, OCC 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 Citation82 FR 9480 

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