Agency Information Collection Activities: Information Collection Renewal; Comment Request; Affiliate Marketing, 56771-56772 [2013-22240]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices 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. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the OCC is publishing notice of the proposed collection of information set forth in this document. SUPPLEMENTARY INFORMATION: Title: Lending Limits—12 CFR 32.9. Type of Review: Extension, without revision, of a currently approved collection. OMB Control Number: 1557–0317. Description: The OCC received emergency approval for this collection on August 21, 2013 and is now seeking a three-year clearance. Pursuant to section 610 of the DoddFrank Wall Street Reform and Consumer Protection Act of 2010, Public Law 111– 203, 124 Stat. 1376 (2010), the OCC added 12 CFR 32.9 to its lending limits regulation to cover credit exposures arising from derivative transactions and securities financing transactions. Twelve CFR 32.9 provides national banks and savings associations with three alternative methods for calculating the credit exposure of derivative transactions other than credit derivatives, a special rule for measuring the credit exposure of credit derivatives, and three alternative methods for calculating such exposure for securities financing transactions. The OCC provided these different methods to reduce the practical burden of such calculations, particularly for smaller and mid-size national banks and savings associations. One method available for both derivative transactions and securities financing transactions is the Internal Model Method. Under this method, the use of a model (other than a model for which use has been approved for purposes of the Advanced Measurement Approach in the capital rules) must be approved in writing by the OCC (in the case of national banks and Federal savings associations) or the Federal Deposit Insurance Corporation (in the case of State savings associations) specifically for lending limits purposes. If a national bank or savings association proposes to use an internal model for VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 which use has been approved for purposes of the Advanced Measurement Approach, the institution must provide written notification to the OCC or FDIC, as appropriate, prior to use of the model for lending limits purposes. Section 32.9 also requires OCC or FDIC approval of any substantive revisions to a model previously approved for lending limits purposes, or for which notice of its use for lending limits purposes had been previously provided, before the institution may use the revised model. Affected Public: Businesses or other for-profit. Burden Estimates: Estimated Number of Respondents: 238. Estimated Number of Responses per Respondent: 2. Estimated Annual Burden: 476 hours. Frequency of Response: On occasion. Comments: Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will 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 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 the capital or start-up costs and the costs associated with the operation, maintenance, and acquisition of services necessary to provide the required information. Dated: September 6, 2013. Michele Meyer, Assistant Director, Legislative and Regulatory Activities Division. [FR Doc. 2013–22239 Filed 9–12–13; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Affiliate Marketing Office of the Comptroller of the Currency (OCC), Treasury. AGENCIES: PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 ACTION: 56771 Notice and request for comment. 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. 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.’’ DATES: Comments must be submitted on or before November 12, 2013. 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 regs.comments@ 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. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: You may request additional information by contacting: Johnny Vilela or Mary H. Gottlieb, OCC Clearance Officers, (202) 649–5490, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is seeking renewal of the following information collection: Title: Fair Credit Reporting Affiliate Marketing. OMB Control No.: 1557–0230. Frequency of Response: On occasion. SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1 56772 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES Affected Public: Businesses or other for-profit. Estimated Number of Respondents: 166,444. Total Annual Burden: 17,189 hours. Description: Section 214 of the FACT Act,1 which added section 624 to the Fair Credit Reporting Act (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 making such solicitations. Section 214 also requires the Agencies,3 the Securities and Exchange Commission (SEC), and the Federal Trade Commission (FTC), in consultation and coordination with each other, to issue regulations implementing section 214 that, to the extent possible, are consistent and comparable. Administration of these regulations, which were codified by the OCC at 12 CFR 41.20–41.28 and that have not changed since they were last cleared by OMB under the PRA, has been transferred to the Bureau of Consumer Financial Protection (CFPB) and are now found at 12 CFR 1022.20–1022.27. Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act,4 (Dodd-Frank Act) transferred the regulations and the CFPB republished them (76 FR 79308 (December 21, 2011)). The burden estimates have been revised to remove the burden attributable to OCC-regulated institutions with over $10 billion in total assets, now carried by CFPB pursuant to section 1025 of the DoddFrank Act. The OCC retains enforcement authority and carries burden for those institutions under its supervision with total assets of $10 billion or less. Financial institutions use the required notices to inform 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 to consumers. If a person receives certain consumer eligibility information from an affiliate, the person may not use that information 1 Fair and Accurate Credit Transactions Act of 2003, Public Law 108–159, 117 Stat. 1952 (December 4, 2003). 2 15 U.S.C. 1681 et seq. 3 OCC, Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation. 4 Public Law 111–203, 124 Stat. 1955, July 21, 2010. VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 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: Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will 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 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: September 6, 2013. Michele Meyer, Assistant Director, Legislative and Regulatory Activities Division. [FR Doc. 2013–22240 Filed 9–12–13; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Notice 2013–40 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 The Department of the Treasury, 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning Notice 2013–40, Low-Income Housing Credit Disaster Relief for Oklahoma Severe Storms and Tornadoes. DATES: Written comments should be received on or before November 12, 2013 to be assured of consideration. ADDRESSES: Direct all written comments to Yvette Lawrence, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Allan Hopkins, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at Allan.M.Hopkins@irs.gov. SUPPLEMENTARY INFORMATION: Title: Low-Income Housing Credit Disaster Relief for Oklahoma Severe Storms and Tornadoes Disaster Relief. OMB Number: 1545–2244. Form Number: Notice 2013–40. Abstract: The Internal Revenue Service is suspending certain requirements under § 42 of the Internal Revenue Code for low-income housing credit projects to provide emergency housing relief needed as a result of the devastation caused by severe storms and tornadoes in the State of Oklahoma beginning May 18, 2013. This relief is being granted pursuant to the Service’s authority under § 42(n) and § 1.42–13(a) of the Income Tax Regulations. Current Actions: There is no change in the paperwork burden previously approved by OMB. Type of Review: Extension of a currently approved collection. Affected Public: Individuals and Households. Estimated Number of Respondents: 50. Estimated Time per Respondent: 30 minutes. Estimated Total Annual Burden Hours: 25. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56771-56772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22240]


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

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Affiliate Marketing

AGENCIES: 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 comment on the renewal of an 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 Office of 
Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of an information collection titled, 
``Affiliate Marketing.''

DATES: Comments must be submitted on or before November 12, 2013.

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 regs.comments@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. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not enclose any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.

FOR FURTHER INFORMATION CONTACT: You may request additional information 
by contacting: Johnny Vilela or Mary H. Gottlieb, OCC Clearance 
Officers, (202) 649-5490, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION: The OCC is seeking renewal of the following 
information collection:
    Title: Fair Credit Reporting Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Frequency of Response: On occasion.

[[Page 56772]]

    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 166,444.
    Total Annual Burden: 17,189 hours.
    Description: Section 214 of the FACT Act,\1\ which added section 
624 to the Fair Credit Reporting Act (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 making such solicitations. Section 214 also requires the 
Agencies,\3\ the Securities and Exchange Commission (SEC), and the 
Federal Trade Commission (FTC), in consultation and coordination with 
each other, to issue regulations implementing section 214 that, to the 
extent possible, are consistent and comparable.
---------------------------------------------------------------------------

    \1\ Fair and Accurate Credit Transactions Act of 2003, Public 
Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \2\ 15 U.S.C. 1681 et seq.
    \3\ OCC, Board of Governors of the Federal Reserve System, and 
the Federal Deposit Insurance Corporation.
---------------------------------------------------------------------------

    Administration of these regulations, which were codified by the OCC 
at 12 CFR 41.20-41.28 and that have not changed since they were last 
cleared by OMB under the PRA, has been transferred to the Bureau of 
Consumer Financial Protection (CFPB) and are now found at 12 CFR 
1022.20-1022.27. Title X of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act,\4\ (Dodd-Frank Act) transferred the 
regulations and the CFPB republished them (76 FR 79308 (December 21, 
2011)). The burden estimates have been revised to remove the burden 
attributable to OCC-regulated institutions with over $10 billion in 
total assets, now carried by CFPB pursuant to section 1025 of the Dodd-
Frank Act. The OCC retains enforcement authority and carries burden for 
those institutions under its supervision with total assets of $10 
billion or less.
---------------------------------------------------------------------------

    \4\ Public Law 111-203, 124 Stat. 1955, July 21, 2010.
---------------------------------------------------------------------------

    Financial institutions use the required notices to inform 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 to consumers.
    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: Comments submitted in response to this notice will be 
summarized and included in the request for OMB approval. All comments 
will 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 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: September 6, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2013-22240 Filed 9-12-13; 8:45 am]
BILLING CODE 4810-33-P