Agency Information Collection Requirements; Information Collection Renewal; Submission for OMB Review; Release of Non-Public Information, 20075-20076 [2015-08497]

Download as PDF Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES information required for general prepayment requests under 12 CFR 5.47(g)(1)(ii)(A) 3 and also must comply with 12 CFR 5.47(g)(1)(ii)(B)(2) 4, which requires a national bank to submit either: (1) A statement explaining why the bank believes that following the proposed prepayment the bank would continue to hold an amount of capital commensurate with its risk or (2) a description of the replacement capital instrument that meets the criteria for tier 1 or tier 2 capital under 12 CFR 3.20, including the amount of such instrument and the time frame for issuance. The February 2014 Interim Final Rule also revised the requirements of 12 CFR 163.81 5 applicable to Federal savings associations. Specifically, those revisions require a Federal savings association to obtain prior OCC approval to prepay subordinated debt securities or mandatorily redeemable preferred stock (covered securities) included in tier 2 capital. In addition, if the prepayment is in the form of a call option, a Federal savings association must submit the information required for general prepayment requests under 12 CFR 163.81(j)(2)(i) and also comply with 12 CFR 163.81(j)(2)(ii)(A), which requires a Federal savings association to submit either: (1) A statement explaining why the Federal savings association believes that following the proposed prepayment the Federal savings association would continue to hold an amount of capital commensurate with its risk or (2) a description of the replacement capital instrument that meets the criteria for tier 1 or tier 2 capital under 12 CFR 3.20, including the amount of such instrument and the time frame for issuance. The December 2014 Interim Final Rule revised 12 CFR 5.47 to add a disclosure requirement in 12 CFR 5.47(d)(3)(ii)(C). A national bank must describe in the subordinated debt note the OCC’s authority under 12 CFR 3.11 to limit distributions, including interest payments on any tier 2 capital instrument, if the national bank has full discretion to permanently or temporarily suspend such payments without triggering an event of default. 3 Appeared as § 5.47(n)(1)(ii)(B) in the February 2014 Interim Final Rule and subsequently redesignated as § 5.47(g)(1)(ii)(B). 4 Appeared as § 5.47(n)(1)(ii)(A) in the February 2014 Interim Final Rule and subsequently redesignated as § 5.47(g)(1)(ii)(A). 5 The OCC proposed to renumber this section as new § 5.56 in its proposed rule entitled ‘‘Integration of National Bank and Federal Savings Association Regulations: Licensing Rules,’’ 79 FR 33260 (June 10, 2014). VerDate Sep<11>2014 17:42 Apr 13, 2015 Jkt 235001 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 collections of information are necessary for the proper performance of the OCC’s functions, including whether the information has practical utility; (b) The accuracy of the OCC’s estimates of the burden of the information collections, including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of information collections on respondents, including through the use of automated collection techniques or other forms of information technology. Dated: April 8, 2015. Mary H. Gottlieb, Regulatory Specialist, Legislative and Regulatory Activities Division. [FR Doc. 2015–08498 Filed 4–13–15; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Requirements; Information Collection Renewal; Submission for OMB Review; Release of Non-Public Information Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: 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 (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 renewal of its information collection titled, ‘‘Release of Non-Public Information.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: You should submit written comments by May 14, 2015. SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 20075 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: 1557–0200, 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. Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0200, U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503, or by email to: oirasubmission@ omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Mary H. Gottlieb, OCC Clearance Officer, (202) 649–5490, 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., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval of the following information collection: Title: Release of Non-Public Information—12 CFR 4, Subpart C. OMB No.: 1557–0200. Description: This submission covers an existing regulation and involves no change to the regulation or to the information collections embodied in the regulation. The OCC requests only that OMB renew its approval of the information collections in the current regulation. The information requirements require individuals who are requesting nonpublic OCC information to provide the OCC with information regarding the legal grounds for the request. The ADDRESSES: E:\FR\FM\14APN1.SGM 14APN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 20076 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices release of non-public OCC information to a requester without sufficient legal grounds to obtain the information would inhibit open consultation between a bank and the OCC thereby impairing the OCC’s supervisory and regulatory mission. The OCC is entitled, under statute and case law, to require requesters to demonstrate that they have sufficient legal grounds for the OCC to release non-public OCC information. The OCC needs to identify the requester’s legal grounds to determine if it should release the requested nonpublic OCC information. The information requirements in 12 CFR part 4, subpart C, are as follows: • 12 CFR 4.33: Request for non-public OCC records or testimony. • 12 CFR 4.35(b)(3): Third parties requesting testimony. • 12 CFR 4.37(a)(2): OCC former employee notifying OCC of subpoena. • 12 CFR 4.37(a) and (b): Limitation on dissemination of released information. • 12 CFR 4.38(a) and (b): Conditions on dissemination of released information. • 12 CFR 4.39(d): Request for authenticated records or certificate of nonexistence of records. The OCC uses the information to process requests for non-public OCC information and to determine if sufficient grounds exist for the OCC to release the requested information or provide testimony that would include a discussion of non-public information. This information collection facilitates the processing of requests and expedites the OCC’s release of non-public information and testimony to the requester, as appropriate. Type of Review: Extension, without change, of a currently approved collection. Affected Public: Businesses or other for-profit; individuals. Number of Respondents: 83. Frequency of Response: On occasion. Total Annual Burden: 241 hours. The OCC issued a notice for 60 days of comment on January 26, 2015 (80 FR 4038). 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 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 VerDate Sep<11>2014 17:42 Apr 13, 2015 Jkt 235001 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 8, 2015. Mary H. Gottlieb, Regulatory Specialist, Legislative and Regulatory Activities Division. [FR Doc. 2015–08497 Filed 4–13–15; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Investment Securities Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: 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 (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 renewal of its information collection titled, ‘‘Investment Securities.’’ DATES: You should submit written comments by June 15, 2015. ADDRESS: 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: 1557–0205, 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. SUMMARY: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 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 enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: Mary H. Gottlieb, OCC Clearance Officer, (202) 649–5490, 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., Suite 3E–218, Mail Stop 9W–11, Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval, without change, of the following information collection: Title: Investment Securities. OMB Control No.: 1557–0205. 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 its approval of the information collection. The information collection requirements in 12 CFR part 1 are as follows: Under 12 CFR 1.3(h)(2), a national bank may request an OCC determination that it may invest in an entity that is exempt from registration under section 3(c)(1) of the Investment Company Act of 1940 1 if the portfolio of the entity consists exclusively of assets that a national bank may purchase and sell for its own account. The OCC uses the information contained in the request as a basis for ensuring that the bank’s investment is consistent with its investment authority under applicable law and does not pose unacceptable risk. Under 12 CFR 1.7(b), a national bank may request OCC approval to extend the five-year holding period for securities held in satisfaction of debts previously contracted (DPC) for up to an additional five years. The bank must provide a clearly convincing demonstration of why any additional holding period is needed. The OCC uses the information in the request to ensure, on a case-bycase basis, that the bank’s purpose in retaining the securities is not speculative and that the bank’s reasons 1 15 E:\FR\FM\14APN1.SGM U.S.C. 80a–3(c)(1). 14APN1

Agencies

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Pages 20075-20076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08497]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Requirements; Information 
Collection Renewal; Submission for OMB Review; Release of Non-Public 
Information

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 (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 renewal of its information 
collection titled, ``Release of Non-Public Information.'' The OCC also 
is giving notice that it has sent the collection to OMB for review.

DATES: You should submit written comments by May 14, 2015.

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: 1557-0200, 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.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0200, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: 
oirasubmission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Mary H. Gottlieb, OCC Clearance 
Officer, (202) 649-5490, 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., Suite 
3E-218, Mail Stop 9W-11, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval 
of the following information collection:
    Title: Release of Non-Public Information--12 CFR 4, Subpart C.
    OMB No.: 1557-0200.
    Description: This submission covers an existing regulation and 
involves no change to the regulation or to the information collections 
embodied in the regulation. The OCC requests only that OMB renew its 
approval of the information collections in the current regulation.
    The information requirements require individuals who are requesting 
non-public OCC information to provide the OCC with information 
regarding the legal grounds for the request. The

[[Page 20076]]

release of non-public OCC information to a requester without sufficient 
legal grounds to obtain the information would inhibit open consultation 
between a bank and the OCC thereby impairing the OCC's supervisory and 
regulatory mission. The OCC is entitled, under statute and case law, to 
require requesters to demonstrate that they have sufficient legal 
grounds for the OCC to release non-public OCC information. The OCC 
needs to identify the requester's legal grounds to determine if it 
should release the requested non-public OCC information.
    The information requirements in 12 CFR part 4, subpart C, are as 
follows:
     12 CFR 4.33: Request for non-public OCC records or 
testimony.
     12 CFR 4.35(b)(3): Third parties requesting testimony.
     12 CFR 4.37(a)(2): OCC former employee notifying OCC of 
subpoena.
     12 CFR 4.37(a) and (b): Limitation on dissemination of 
released information.
     12 CFR 4.38(a) and (b): Conditions on dissemination of 
released information.
     12 CFR 4.39(d): Request for authenticated records or 
certificate of nonexistence of records.
    The OCC uses the information to process requests for non-public OCC 
information and to determine if sufficient grounds exist for the OCC to 
release the requested information or provide testimony that would 
include a discussion of non-public information. This information 
collection facilitates the processing of requests and expedites the 
OCC's release of non-public information and testimony to the requester, 
as appropriate.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Affected Public: Businesses or other for-profit; individuals.
    Number of Respondents: 83.
    Frequency of Response: On occasion.
    Total Annual Burden: 241 hours.
    The OCC issued a notice for 60 days of comment on January 26, 2015 
(80 FR 4038). 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 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 start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: April 8, 2015.
Mary H. Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2015-08497 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-33-P