Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Disclosure and Reporting of CRA-Related Agreements, 32832-32834 [2019-14543]

Download as PDF 32832 Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES be received on or before August 7, 2019. To the extent possible, PHMSA will consider late-filed comments. ADDRESSES: Comments should reference the Docket number for this notice and may be submitted in the following ways: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, Routing Symbol M–30, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: To the Docket Management System; Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: All submissions must include the agency name and Docket Number (PHMSA–2019–0100) for this notice at the beginning of the comment. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS) and will include any personal information you provide. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard. Docket: For access to the dockets to read associated documents or comments received, go to https:// www.regulations.gov or DOT’s Docket Operations Office (see ADDRESSES). Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its process. DOT posts these comments, without change, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. FOR FURTHER INFORMATION CONTACT: Ryan Paquet by telephone at 202–366– 4511, or email at specialpermits@ dot.gov. SUPPLEMENTARY INFORMATION: I. Background On June 6, 2019, PHMSA published a notice announcing the availability of a draft environmental assessment for public review. Specifically, PHMSA received a request for a special permit from Energy Transport Solutions, LLC seeking authorization to transport VerDate Sep<11>2014 17:47 Jul 08, 2019 Jkt 247001 ‘‘Methane, Refrigerated Liquid’’ (UN1972), commonly known and liquefied natural gas (LNG), in a rail tank car. The request is to authorize shipment of LNG in a DOT specification 113C120W tank car subject to certain operational conditions. We invited interested persons to review and provide comment on the ‘‘draft environmental assessment’’ for this special permit request; and to include relevant information on potential safety, environmental, and any additional impacts that should be considered. PHMSA has also included the draft special permit in the docket for this notice as further reference material. The notice, draft environmental assessment, and draft special permit are available for review at https://www.regulations.gov under Docket number PHMSA–2019– 0100. II. Comment Period Extension PHMSA is granting a request to extend the comment period. The request was received from two members of Congress.1 PHMSA initially provided a 30-day comment period to the notice, which ends on July 8, 2019. The comment period is being extended 30 days. The comment period will now close on August 7, 2019. This will allow PHMSA to seek additional review and public input on this issue. III. Additional Docket Materials PHMSA is also using this comment period extension notice to make the public aware of additional documents submitted to the docket and available for public review: 1. An updated draft Environmental Assessment. 2. The Energy Transport Solutions, LLC Quantitative Risk Assessment (QRA). 3. The Energy Transport Solutions, LLC special permit application (in redacted form). Issued in Washington, DC, on July 3, 2019, under authority delegated in 49 CFR part 1.97. Drue Pearce, Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2019–14532 Filed 7–8–19; 8:45 am] BILLING CODE 4910–60–P 1 See June 28, 2019, letter from Representative Peter A. DeFazio, Chairman, Committee on Transportation and Infrastructure and Representative Tom Malinowski, which has been added to the docket at www.regulations.gov. PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Disclosure and Reporting of CRARelated Agreements Office of the Comptroller of the Currency, Treasury. ACTION: Notice and request for comment. AGENCY: The Office of the Comptroller of the Currency (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). 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 its information collection titled ‘‘Disclosure and Reporting of CRA-Related Agreements.’’ The OCC also is giving notice that the collection has been sent to OMB for review. DATES: Comments must be received by August 8, 2019. ADDRESSES: Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Attention: Comment Processing, 1557– 0219, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E– 218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Fax: (571) 465–4326. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0219’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. 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. SUMMARY: E:\FR\FM\09JYN1.SGM 09JYN1 khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557–0219, U.S. Office of Management and Budget, 725 17th Street NW, #10235, Washington, DC 20503 or by email to oira_submission@ omb.eop.gov. You may review comments and other related materials that pertain to this information collection 1 following the close of the 30-day comment period for this notice by any of the following methods: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under Review’’ section heading, from the dropdown menu select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching by OMB control number ‘‘1557–0219’’ or ‘‘Disclosure and Reporting of CRA-Related Agreements.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. • Viewing Comments Personally: You may personally inspect comments at the OCC, 400 7th 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) 649–6700 or, for persons who are deaf or hearing impaired, 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 comments. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, (202) 649–5490 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597, Chief Counsel’s Office, Office of the Comptroller of the Currency, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), federal agencies must obtain approval from the 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 1 On March 29, 2019, the OCC published a 60-day notice for this information collection, 84 FR 12032. VerDate Sep<11>2014 17:47 Jul 08, 2019 Jkt 247001 asks that OMB extend its approval of this collection. Title: Disclosure and Reporting of CRA-Related Agreements. OMB Control No.: 1557–0219. Description: National banks, federal savings associations, and their affiliates occasionally enter into agreements with nongovernmental entities or persons (NGEPs) that are related to their Community Reinvestment Act (CRA) responsibilities. Section 48 of the Federal Deposit Insurance Act (FDI Act) 2 requires disclosure of certain of these agreements and imposes related reporting requirements on insured depository institutions (IDIs), their affiliates, and NGEPs. As mandated by the FDI Act, the OCC, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System issued regulations to implement these disclosure and reporting requirements. The disclosure and reporting provisions of these regulations constitute collections of information under the PRA. The regulation issued by the OCC is codified at 12 CFR 35 and is known as the ‘‘CRA Sunshine’’ regulation. Section 48 of the FDI Act applies to written agreements that: (1) Are made in fulfillment of the CRA; (2) involve funds or other resources of an IDI or affiliate with an aggregate value of more than $10,000 in a year or loans with an aggregate principal value of more than $50,000 in a year; 3 and (3) are entered into by an IDI or affiliate and an NGEP.4 Under section 48, the parties to a covered agreement must make the agreement available to the public and the appropriate agency.5 This section also requires the parties to file a report annually with the appropriate agency concerning the disbursement, receipt, and use of funds or other resources under the agreement.6 The collections of information in CRA Sunshine regulation implement these statutorily mandated disclosure and reporting requirements. The parties to the agreement may request confidential treatment of proprietary and confidential information in an agreement or annual report and may withhold from public disclosure confidential or proprietary information in an agreement.7 U.S.C. 1831y. definition includes groups of substantially related agreements that satisfy these amounts in the aggregate. 4 12 U.S.C. 1831y(e). 5 12 U.S.C. 1831y(a). 6 12 U.S.C. 1831y(b)–(c). 7 12 CFR 35.6(b)(2), 35.8; see 12 U.S.C. 1831y(h)(2)(A). PO 00000 2 12 3 The Frm 00135 Fmt 4703 Sfmt 4703 32833 The information collections are found in 12 CFR 35.4(b); 35.6; and 35.7 and they require: • IDIs or affiliates to notify NGEPs that are parties to certain agreements that these are agreements with a CRA affiliate; • NGEPs and IDIs or their affiliates to make a copy of a covered agreement available to any individual or entity upon request; • NGEPs to provide a copy of the covered agreement within 30 days of receiving a request from the relevant supervisory agency; • Each IDI and affiliate to provide each relevant supervisory agency with a copy of each covered agreement or a list of all covered agreements entered into during the calendar quarter, within 60 days of the end of each calendar quarter; 8 and • Annual reporting. Type of Review: Extension of a currently approved collection. Affected Public: Individuals; Businesses or other for-profit. Estimated Number of Respondents: 13 (7 IDIs; 6 NGEPs). Number of Agreements: 237. Number of Annual Reports: 9. Estimated Total Annual Burden: 527. On March 29, 2019, the OCC issued a notice for 60-day of comment concerning this collection, 84 FR 12032. The OCC received one comment from a trade association. The commenter first urged a repeal of section 48 of the FDI Act (12 U.S.C. 1831y), arguing that the statute imposes a burdensome and costly reporting regime that inhibits IDIs interested in working with NGEPs. The commenter cited a Federal Financial Institutions Examination Council (FFIEC) report to Congress, which stated that section 48’s reporting requirements are unduly burdensome.9 The commenter also noted that examination teams rarely request information related to covered agreements, despite the resources required to properly report them. The commenter also requested two revisions to the OCC’s regulation. First, the commenter requested that the OCC eliminate the quarterly reporting requirement, which the commenter believes is more burdensome than the annual reporting required by the statute. The commenter stated that the FFIEC 8 If providing a list of covered agreements, the IDI or affiliate must provide a copy and public version of any agreement referenced in the list to any relevant supervisory agency within seven calendar days of receiving a request from the agency. 9 FFIEC Joint Report to Congress: Economic Growth and Regulatory Paperwork Reduction Act, 53–54, available at https://www.occ.gov/newsissuances/news-releases/2017/nr-ia-2017-33a.pdf. E:\FR\FM\09JYN1.SGM 09JYN1 32834 Federal Register / Vol. 84, No. 131 / Tuesday, July 9, 2019 / Notices had considered eliminating the quarterly reporting requirement, citing the same FFIEC report to Congress. Second, the commenter recommended that the OCC limit the regulation’s applicability to legally binding, written contracts, rather than applying it to agreements that reflect a mutual understanding and some oral communications. The commenter argued that the existing approach increases burden and obstructs activity in low- and moderate-income communities. The OCC appreciates the information provided by the commenter. However, to the extent the commenter disagrees with the scope or requirements of section 48 or the OCC’s implementing regulation, the OCC cannot repeal the statute, nor can it revise the regulation through the PRA renewal process. 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: July 2, 2019. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2019–14543 Filed 7–8–19; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY khammond on DSKBBV9HB2PROD with NOTICES Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Margin and Capital Requirements for Covered Swap Entities 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 AGENCY: VerDate Sep<11>2014 17:47 Jul 08, 2019 Jkt 247001 agencies to take this opportunity 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 respondents are not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection titled, ‘‘Margin and Capital Requirements for Covered Swap Entities.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: Comments must be submitted on or before August 8, 2019. ADDRESSES: Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Attention: Comment Processing, 1557– 0251, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E– 218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Fax: (571) 465–4326. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0251’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. 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, 1557–0251, U.S. Office of Management and Budget, 725 17th Street NW, #10235, Washington, DC 20503 or by email to oira_submission@ omb.eop.gov. You may review comments and other related materials that pertain to this information collection 1 following the close of the 30-day comment period for this notice by any of the following methods: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the 1 On March 29, 2019, the OCC published a 60-day notice for this information collection, 84 FR 12031. PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under Review’’ section heading, from the dropdown menu select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching by OMB control number ‘‘1557–0251’’ or ‘‘Margin and Capital Requirements for Covered Swap Entities.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. • Viewing Comments Personally: You may personally inspect comments at the OCC, 400 7th 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) 649–6700 or, for persons who are deaf or hearing impaired, 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 comments. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, (202) 649–5490 or, for persons who are deaf or hearing impaired, TTY, (202) 649–5597, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), 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 emergency approval of the interim final rule described in this notice to the customary three years. Title: Margin and Capital Requirements for Covered Swap Entities. OMB Control No.: 1557–0251. Description: On March 19, 2019,2 the OCC, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the Federal Housing Finance Agency 2 84 E:\FR\FM\09JYN1.SGM FR 9940. 09JYN1

Agencies

[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32832-32834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14543]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Disclosure and Reporting of CRA-
Related Agreements

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notice and request for comment.

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

SUMMARY: The Office of the Comptroller of the Currency (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).
    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 its information collection 
titled ``Disclosure and Reporting of CRA-Related Agreements.'' The OCC 
also is giving notice that the collection has been sent to OMB for 
review.

DATES: Comments must be received by August 8, 2019.

ADDRESSES: Commenters are encouraged to submit comments by email, if 
possible. You may submit comments by any of the following methods:
     Email: [email protected].
     Mail: Chief Counsel's Office, Attention: Comment 
Processing, 1557-0219, Office of the Comptroller of the Currency, 400 
7th Street SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0219'' in your comment. In general, the OCC will publish 
comments on www.reginfo.gov without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. 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.

[[Page 32833]]

    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0219, U.S. Office of Management and Budget, 725 17th 
Street NW, #10235, Washington, DC 20503 or by email to 
[email protected].
    You may review comments and other related materials that pertain to 
this information collection \1\ following the close of the 30-day 
comment period for this notice by any of the following methods:
---------------------------------------------------------------------------

    \1\ On March 29, 2019, the OCC published a 60-day notice for 
this information collection, 84 FR 12032.
---------------------------------------------------------------------------

     Viewing Comments Electronically: Go to www.reginfo.gov. 
Click on the ``Information Collection Review'' tab. Underneath the 
``Currently under Review'' section heading, from the drop-down menu 
select ``Department of Treasury'' and then click ``submit.'' This 
information collection can be located by searching by OMB control 
number ``1557-0219'' or ``Disclosure and Reporting of CRA-Related 
Agreements.'' Upon finding the appropriate information collection, 
click on the related ``ICR Reference Number.'' On the next screen, 
select ``View Supporting Statement and Other Documents'' and then click 
on the link to any comment listed at the bottom of the screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.
     Viewing Comments Personally: You may personally inspect 
comments at the OCC, 400 7th 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) 649-6700 or, for persons who 
are deaf or hearing impaired, 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 
comments.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490 or, for persons who are deaf or hearing 
impaired, TTY, (202) 649-5597, Chief Counsel's Office, Office of the 
Comptroller of the Currency, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), 
federal agencies must obtain approval from the 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 asks that OMB extend its approval of this collection.
    Title: Disclosure and Reporting of CRA-Related Agreements.
    OMB Control No.: 1557-0219.
    Description: National banks, federal savings associations, and 
their affiliates occasionally enter into agreements with 
nongovernmental entities or persons (NGEPs) that are related to their 
Community Reinvestment Act (CRA) responsibilities. Section 48 of the 
Federal Deposit Insurance Act (FDI Act) \2\ requires disclosure of 
certain of these agreements and imposes related reporting requirements 
on insured depository institutions (IDIs), their affiliates, and NGEPs. 
As mandated by the FDI Act, the OCC, the Federal Deposit Insurance 
Corporation, and the Board of Governors of the Federal Reserve System 
issued regulations to implement these disclosure and reporting 
requirements. The disclosure and reporting provisions of these 
regulations constitute collections of information under the PRA. The 
regulation issued by the OCC is codified at 12 CFR 35 and is known as 
the ``CRA Sunshine'' regulation.
---------------------------------------------------------------------------

    \2\ 12 U.S.C. 1831y.
---------------------------------------------------------------------------

    Section 48 of the FDI Act applies to written agreements that: (1) 
Are made in fulfillment of the CRA; (2) involve funds or other 
resources of an IDI or affiliate with an aggregate value of more than 
$10,000 in a year or loans with an aggregate principal value of more 
than $50,000 in a year; \3\ and (3) are entered into by an IDI or 
affiliate and an NGEP.\4\
---------------------------------------------------------------------------

    \3\ The definition includes groups of substantially related 
agreements that satisfy these amounts in the aggregate.
    \4\ 12 U.S.C. 1831y(e).
---------------------------------------------------------------------------

    Under section 48, the parties to a covered agreement must make the 
agreement available to the public and the appropriate agency.\5\ This 
section also requires the parties to file a report annually with the 
appropriate agency concerning the disbursement, receipt, and use of 
funds or other resources under the agreement.\6\ The collections of 
information in CRA Sunshine regulation implement these statutorily 
mandated disclosure and reporting requirements. The parties to the 
agreement may request confidential treatment of proprietary and 
confidential information in an agreement or annual report and may 
withhold from public disclosure confidential or proprietary information 
in an agreement.\7\
---------------------------------------------------------------------------

    \5\ 12 U.S.C. 1831y(a).
    \6\ 12 U.S.C. 1831y(b)-(c).
    \7\ 12 CFR 35.6(b)(2), 35.8; see 12 U.S.C. 1831y(h)(2)(A).
---------------------------------------------------------------------------

    The information collections are found in 12 CFR 35.4(b); 35.6; and 
35.7 and they require:
     IDIs or affiliates to notify NGEPs that are parties to 
certain agreements that these are agreements with a CRA affiliate;
     NGEPs and IDIs or their affiliates to make a copy of a 
covered agreement available to any individual or entity upon request;
     NGEPs to provide a copy of the covered agreement within 30 
days of receiving a request from the relevant supervisory agency;
     Each IDI and affiliate to provide each relevant 
supervisory agency with a copy of each covered agreement or a list of 
all covered agreements entered into during the calendar quarter, within 
60 days of the end of each calendar quarter; \8\ and
---------------------------------------------------------------------------

    \8\ If providing a list of covered agreements, the IDI or 
affiliate must provide a copy and public version of any agreement 
referenced in the list to any relevant supervisory agency within 
seven calendar days of receiving a request from the agency.
---------------------------------------------------------------------------

     Annual reporting.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals; Businesses or other for-profit.
    Estimated Number of Respondents: 13 (7 IDIs; 6 NGEPs).
    Number of Agreements: 237.
    Number of Annual Reports: 9.
    Estimated Total Annual Burden: 527.
    On March 29, 2019, the OCC issued a notice for 60-day of comment 
concerning this collection, 84 FR 12032. The OCC received one comment 
from a trade association. The commenter first urged a repeal of section 
48 of the FDI Act (12 U.S.C. 1831y), arguing that the statute imposes a 
burdensome and costly reporting regime that inhibits IDIs interested in 
working with NGEPs. The commenter cited a Federal Financial 
Institutions Examination Council (FFIEC) report to Congress, which 
stated that section 48's reporting requirements are unduly 
burdensome.\9\ The commenter also noted that examination teams rarely 
request information related to covered agreements, despite the 
resources required to properly report them.
---------------------------------------------------------------------------

    \9\ FFIEC Joint Report to Congress: Economic Growth and 
Regulatory Paperwork Reduction Act, 53-54, available at https://www.occ.gov/news-issuances/news-releases/2017/nr-ia-2017-33a.pdf.
---------------------------------------------------------------------------

    The commenter also requested two revisions to the OCC's regulation. 
First, the commenter requested that the OCC eliminate the quarterly 
reporting requirement, which the commenter believes is more burdensome 
than the annual reporting required by the statute. The commenter stated 
that the FFIEC

[[Page 32834]]

had considered eliminating the quarterly reporting requirement, citing 
the same FFIEC report to Congress. Second, the commenter recommended 
that the OCC limit the regulation's applicability to legally binding, 
written contracts, rather than applying it to agreements that reflect a 
mutual understanding and some oral communications. The commenter argued 
that the existing approach increases burden and obstructs activity in 
low- and moderate-income communities.
    The OCC appreciates the information provided by the commenter. 
However, to the extent the commenter disagrees with the scope or 
requirements of section 48 or the OCC's implementing regulation, the 
OCC cannot repeal the statute, nor can it revise the regulation through 
the PRA renewal process.
    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: July 2, 2019.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2019-14543 Filed 7-8-19; 8:45 am]
 BILLING CODE 4810-33-P
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