Agency Information Collection Activities: Proposed Information Collection; Comment Request, 41187-41188 [E9-19473]
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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profit.
Estimated Number of Respondents:
25.
Estimated Total Annual Responses:
25.
Estimated Total Annual Burden: 460
hours.
Frequency of Response: On occasion.
The OCC issued a 60-day notice for
comment on May 8, 2009. 74 FR 21738.
No comments were received. Comments
continued to be invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
(b) The accuracy of the agency’s
estimate of the burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
Dated: August 10, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. E9–19469 Filed 8–13–09; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Proposed Information
Collection; Comment Request
concerning its information collection
titled, ‘‘Leasing.’’
DATES: Comments must be received by
October 13, 2009.
ADDRESSES: Communications Division,
Office of the Comptroller of the
Currency, Public Information Room,
Mailstop 2–3, Attention: 1557–0206,
250 E Street, SW., Washington, DC
20219. In addition, comments may be
sent by fax to (202) 874–5274, or by
electronic mail to
regs.comments@occ.treas.gov. You can
inspect and photocopy the comments at
the OCC, 250 E 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) 874–4700.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and to submit to security
screening in order to inspect and
photocopy comments.
Additionally, you should send a copy
of your comments to OCC Desk Officer,
1557–0206, by mail to U.S. Office of
Management and Budget, 725 17th
Street, NW., #10235, Washington, DC
20503, or by fax to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
copy of the collection from Mary H.
Gottlieb, OCC Clearance Officer, (202)
874–5090, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
The OCC is proposing to extend OMB
approval of the following information
collection:
Title: Leasing (12 CFR part 23).
OMB Number: 1557–0206.
Description: This submission covers
an existing regulation and involves no
change to the regulation or to the
information collection requirements.
The OCC requests only that OMB extend
the expiration date.
AGENCY: Office of the Comptroller of the
Currency, Treasury.
ACTION: Notice and request for comment.
Information Collection Requirements
Found in 12 CFR Part 23
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. 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. The OCC is soliciting comment
Under 12 CFR 23.4(c), national banks
must liquidate or re-lease personal
property that is no longer subject to
lease (off-lease property) within five
years from the date of the lease
expiration. If a bank wishes to extend
the five-year holding period for up to an
additional five years, it must obtain
OCC approval. Permitting a bank to
extend the holding period may result in
cost savings to national banks. It also
provides flexibility for a bank that
experiences unusual or unforeseen
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
12 CFR 23.4(c)
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
41187
conditions which would make it
imprudent to dispose of the off-lease
property. Section 23.4(c) requires a bank
seeking an extension to provide a
clearly convincing demonstration as to
why an additional holding period is
necessary. In addition, a bank must
value off-lease property at the lower of
current fair market value or book value
promptly after the property comes offlease. These requirements enable the
OCC to ensure that a bank is not holding
the property for speculative reasons and
that the value of the property is
recorded in accordance with generally
accepted accounting principles (GAAP).
Section 23.5
Under 12 CFR 23.5, leases are subject
to the lending limits prescribed by 12
U.S.C. 84 or, if the lessee is an affiliate
of the bank, to the restrictions on
transactions with affiliates prescribed by
12 U.S.C. 371c and 371c-1. See 12 CFR
23.6. Twelve U.S.C. 24 contains two
separate provisions authorizing a
national bank to acquire personal
property for purposes of lease financing.
Twelve U.S.C. 24 (Seventh) authorizes
leases of personal property (section 24
(Seventh) Leases) if the lease serves as
the functional equivalent of a loan. See
12 CFR 23.20. A national bank may also
acquire personal property for purposes
of lease financing under the authority of
12 U.S.C. 24 (Tenth) (CEBA Leases).
Section 23.5 requires that if a bank
enters into both types of leases, its
records must distinguish between the
two types of leases. This information is
required to prove that the national bank
is complying with the limitations and
requirements applicable to the two
types of leases.
National banks use the information to
ensure their compliance with applicable
Federal banking law and regulations
and accounting principles. The OCC
uses the information in the conduct of
bank examinations and as an audit tool
to verify bank compliance with law and
regulations. In addition, the OCC uses
national bank requests for permission to
extend the holding period for off-lease
property to ensure national bank
compliance with relevant law and
regulations and to ensure bank safety
and soundness.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals;
Businesses or other for-profit.
Estimated Number of Respondents:
370.
Estimated Total Annual Responses:
370.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 685.
E:\FR\FM\14AUN1.SGM
14AUN1
41188
Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices
Comments submitted in response to
this notice will be summarized,
included in the request for OMB
approval, and become a matter of public
record. Comments are invited on: (a)
Whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) The accuracy of the agency’s
estimate of the burden of the collection
of information; (c) Ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) Ways to
minimize the burden of the collection
on respondents, including through the
use of automated collection techniques
or other forms of information
technology; and (e) Estimates of capital
or startup costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: August 10, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. E9–19473 Filed 8–13–09; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
SUMMARY: The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995. 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. The OCC is soliciting comment
concerning its information collection
titled, ‘‘Identity Theft Red Flags and
Address Discrepancies under the Fair
and Accurate Credit Transactions Act of
2003 (FACT Act).’’ The OCC also gives
notice that it has sent the information
collection to the Office of Management
and Budget (OMB) for review.
DATES: You should submit comments by
September 14, 2009.
ADDRESSES: Communications Division,
Office of the Comptroller of the
Currency, Mailstop 2–3, Attention:
VerDate Nov<24>2008
16:27 Aug 13, 2009
Jkt 217001
1557–0237, 250 E Street, SW.,
Washington, DC 20219. In addition,
comments may be sent by fax to (202)
874–5274, or by electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 250 E Street,
SW., Washington, DC. For security
reasons, the OCC requires that visitors
make an appointment to inspect
comments. You may do so by calling
(202) 874–4700. 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.
Additionally, you should send a copy
of your comments to OCC Desk Officer,
1557–0237, by mail to U.S. Office of
Management and Budget, 725 17th
Street, NW., #10235, Washington, DC
20503, or by fax to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
copy of the collection from Mary H.
Gottlieb, OCC Clearance Officer, (202)
874–5090, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: The OCC
is proposing to extend OMB approval of
the following information collection:
Title: Identity Theft Red Flags and
Address Discrepancies under the Fair
and Accurate Credit Transactions Act of
2003 (FACT Act).
OMB Number: 1557–0237.
Description: 12 CFR 41.90, 41.91,
41.82 and Appendix J to part 41
implement sections 114 and 315 of the
Fair and Accurate Credit Transactions
Act of 2003 (FACT Act), Public Law
108–159 (2003).
Section 114 amended section 615 of
the Fair Credit Reporting Act (FCRA) to
require the OCC, FRB, FDIC, OTS,
NCUA, and FTC (Agencies) to issue
jointly: (1) Guidelines for financial
institutions and creditors regarding
identity theft with respect to their
account holders and customers; (2)
regulations requiring each financial
institution and creditor to establish
reasonable policies and procedures for
implementing the guidelines to identify
possible risks to account holders or
customers or to the safety and
soundness of the institution or creditor;
and (3) regulations generally requiring
credit and debit card issuers to assess
the validity of change of address
requests under certain circumstances.
Section 315 amended section 605 of the
FCRA to require the Agencies to issue
regulations providing guidance
regarding reasonable policies and
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
procedures that a user of consumer
reports must employ when a user
receives a notice of address discrepancy
from a consumer reporting agency
(CRA).
The information collections in § 41.90
require each financial institution and
creditor that offers or maintains one or
more covered accounts to develop and
implement a written Identity Theft
Prevention Program (Program). In
developing the Program, financial
institutions and creditors are required to
consider the guidelines in Appendix J to
part 41 and include those that are
appropriate. The initial Program must
be approved by the board of directors or
an appropriate committee thereof and
the board, an appropriate committee
thereof or a designated employee at the
level of senior management must be
involved in the oversight of the
Program. In addition, staff must be
trained to carry out the Program.
Pursuant to § 41.91, each credit and
debit card issuer is required to establish
and implement policies and procedures
to assess the validity of a change of
address request under certain
circumstances. Before issuing an
additional or replacement card, the card
issuer must notify the cardholder or use
another means to assess the validity of
the change of address.
The information collections in § 41.82
require each user of consumer reports to
develop and implement reasonable
policies and procedures designed to
enable the user to form a reasonable
belief that a consumer report relates to
the consumer about whom it requested
the report when the user receives a
notice of address discrepancy from a
CRA. A user of consumer reports must
also develop and implement reasonable
policies and procedures for furnishing
an address for the consumer that the
user has reasonably confirmed to be
accurate to the CRA from which it
receives a notice of address discrepancy
when (1) the user can form a reasonable
belief that the consumer report relates to
the consumer about whom the user has
requested the report; (2) the user
establishes a continuing relationship
with the consumer; and (3) the user
regularly and in the ordinary course of
business furnishes information to the
CRA from which it received the notice
of address discrepancy.
Type of Review: Regular.
Affected Public: Individuals;
businesses or other for-profit.
Estimated Number of Respondents:
1,635.
Estimated Total Annual Responses:
6,550.
Estimated Frequency of Response: On
occasion.
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Pages 41187-41188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19473]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Proposed Information
Collection; Comment Request
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other Federal
agencies to take this opportunity to comment on a continuing
information collection, as required by the Paperwork Reduction Act of
1995. 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. The OCC is soliciting comment
concerning its information collection titled, ``Leasing.''
DATES: Comments must be received by October 13, 2009.
ADDRESSES: Communications Division, Office of the Comptroller of the
Currency, Public Information Room, Mailstop 2-3, Attention: 1557-0206,
250 E Street, SW., Washington, DC 20219. In addition, comments may be
sent by fax to (202) 874-5274, or by electronic mail to
regs.comments@occ.treas.gov. You can inspect and photocopy the comments
at the OCC, 250 E 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) 874-4700. Upon arrival,
visitors will be required to present valid government-issued photo
identification and to submit to security screening in order to inspect
and photocopy comments.
Additionally, you should send a copy of your comments to OCC Desk
Officer, 1557-0206, by mail to U.S. Office of Management and Budget,
725 17th Street, NW., 10235, Washington, DC 20503, or by fax
to (202) 395-6974.
FOR FURTHER INFORMATION CONTACT: You can request additional information
or a copy of the collection from Mary H. Gottlieb, OCC Clearance
Officer, (202) 874-5090, Legislative and Regulatory Activities
Division, Office of the Comptroller of the Currency, 250 E Street, SW.,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
The OCC is proposing to extend OMB approval of the following
information collection:
Title: Leasing (12 CFR part 23).
OMB Number: 1557-0206.
Description: This submission covers an existing regulation and
involves no change to the regulation or to the information collection
requirements. The OCC requests only that OMB extend the expiration
date.
Information Collection Requirements Found in 12 CFR Part 23
12 CFR 23.4(c)
Under 12 CFR 23.4(c), national banks must liquidate or re-lease
personal property that is no longer subject to lease (off-lease
property) within five years from the date of the lease expiration. If a
bank wishes to extend the five-year holding period for up to an
additional five years, it must obtain OCC approval. Permitting a bank
to extend the holding period may result in cost savings to national
banks. It also provides flexibility for a bank that experiences unusual
or unforeseen conditions which would make it imprudent to dispose of
the off-lease property. Section 23.4(c) requires a bank seeking an
extension to provide a clearly convincing demonstration as to why an
additional holding period is necessary. In addition, a bank must value
off-lease property at the lower of current fair market value or book
value promptly after the property comes off-lease. These requirements
enable the OCC to ensure that a bank is not holding the property for
speculative reasons and that the value of the property is recorded in
accordance with generally accepted accounting principles (GAAP).
Section 23.5
Under 12 CFR 23.5, leases are subject to the lending limits
prescribed by 12 U.S.C. 84 or, if the lessee is an affiliate of the
bank, to the restrictions on transactions with affiliates prescribed by
12 U.S.C. 371c and 371c-1. See 12 CFR 23.6. Twelve U.S.C. 24 contains
two separate provisions authorizing a national bank to acquire personal
property for purposes of lease financing. Twelve U.S.C. 24 (Seventh)
authorizes leases of personal property (section 24 (Seventh) Leases) if
the lease serves as the functional equivalent of a loan. See 12 CFR
23.20. A national bank may also acquire personal property for purposes
of lease financing under the authority of 12 U.S.C. 24 (Tenth) (CEBA
Leases). Section 23.5 requires that if a bank enters into both types of
leases, its records must distinguish between the two types of leases.
This information is required to prove that the national bank is
complying with the limitations and requirements applicable to the two
types of leases.
National banks use the information to ensure their compliance with
applicable Federal banking law and regulations and accounting
principles. The OCC uses the information in the conduct of bank
examinations and as an audit tool to verify bank compliance with law
and regulations. In addition, the OCC uses national bank requests for
permission to extend the holding period for off-lease property to
ensure national bank compliance with relevant law and regulations and
to ensure bank safety and soundness.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals; Businesses or other for-profit.
Estimated Number of Respondents: 370.
Estimated Total Annual Responses: 370.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 685.
[[Page 41188]]
Comments submitted in response to this notice will be summarized,
included in the request for OMB approval, and become a matter of public
record. Comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information has practical utility;
(b) The accuracy of the agency's estimate of the burden of the
collection of information; (c) Ways to enhance the quality, utility,
and clarity of the information to be collected; (d) Ways to minimize
the burden of the collection on respondents, including through the use
of automated collection techniques or other forms of information
technology; and (e) Estimates of capital or startup costs and costs of
operation, maintenance, and purchase of services to provide
information.
Dated: August 10, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. E9-19473 Filed 8-13-09; 8:45 am]
BILLING CODE 4810-33-P
