Agency Information Collection Activities: Information Collection Renewal; Comment Request; Fair Credit Reporting: Affiliate Marketing, 15288-15289 [2021-05828]

Download as PDF 15288 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices 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. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, 202–649–5490, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from 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 the collection in this notice. Report Title: Uniform Interagency Transfer Agent Registration and Deregistration Forms. Form Numbers: Form TA–1 & TA–W. Frequency of Response: On occasion. Affected Public: National banks and their subsidiaries, Federal savings associations and their subsidiaries. OMB Control No.: 1557–0124. Form TA–1 Estimated Number of Respondents: Registrations: 1; Amendments: 10. Estimated Average Time per Response: Registrations: 1.25 hours; Amendments: 10 minutes. Estimated Total Annual Burden: 3 hours. jbell on DSKJLSW7X2PROD with NOTICES Form TA–W Estimated Number of Respondents: Deregistrations: 2. Estimated Average Time per Response: Deregistrations: 30 minutes. Estimated Total Annual Burden: 1 hour. Section 17A(c) of the Securities Exchange Act of 1934 (the Act) requires all transfer agents for qualifying securities registered under section 12 of the Act, as well as for securities that would be required to be registered except for the exemption from registration provided by section 12(g)(2)(B) or section 12(g)(2)(G), to file with the appropriate regulatory agency an application for registration in such form and containing such information and documents as such appropriate VerDate Sep<11>2014 18:46 Mar 19, 2021 Jkt 253001 regulatory agency may prescribe as necessary or appropriate in furtherance of the purposes of section 17A(c) of the Act.2 In general, an entity performing transfer agent functions for a qualifying security is required to register with its appropriate regulatory agency (‘‘ARA’’). The OCC’s regulations at 12 CFR 9.20 implement these provisions of the Act. To accomplish the registration of transfer agents, Form TA–1 was developed as an interagency effort by the Securities and Exchange Commission (SEC) and the Federal banking agencies (the OCC, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation). The agencies primarily use the data collected on Form TA–1 to determine whether an application for registration should be approved, denied, accelerated, or postponed, and they use the data in connection with their supervisory responsibilities. In addition, when a national bank or Federal savings association no longer acts as a transfer agent for covered corporate securities or when a national bank or Federal savings association is no longer supervised by the OCC, i.e., liquidates or converts to another form of financial institution, the national bank or Federal savings association must file Form TA–W with the OCC, requesting withdrawal from registration as a transfer agent. Forms TA–1 and TA–W are mandatory and their collection is authorized by sections 17A(c), 17(a)(3), and 23(a)(1) of the Act, as amended (15 U.S.C. 78q–1(c), 78q(a)(3), and 78w(a)(1)). Additionally, section 3(a)(34)(B)(i) of the Act (15 U.S.C. 78c(a)(34)(B)(i)) provides that the OCC is the ARA in the case of a national banks and Federal savings associations and subsidiaries of such institutions. The registrations are public filings and are not considered confidential. The OCC needs the information contained in this collection to fulfill its statutory responsibilities. Section 17A(c)(2) of the Act (15 U.S.C. 78q– 1(c)(2)), as amended, provides that all those authorized to transfer securities registered under section 12 of the Act (transfer agents) shall register by filing with the appropriate regulatory agency an application for registration in such form and containing such information and documents as such appropriate regulatory agency may prescribe to be necessary or appropriate in furtherance of the purposes of this section. 2 15 PO 00000 U.S.C. 78q–1(c). Frm 00106 Fmt 4703 Sfmt 4703 Request for Comment On January 13, 2021, the OCC published a 60-day notice for this information collection, 86 FR 2739. No comments were received. Comments continue to be solicited on: (a) Whether the information collections 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; (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; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2021–05826 Filed 3–19–21; 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; Fair Credit Reporting: Affiliate Marketing 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 comment on the renewal of an information collection as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of an information collection titled, ‘‘Affiliate Marketing.’’ DATES: Comments must be submitted on or before May 21, 2021. ADDRESSES: Commenters are encouraged to submit comments by email, if SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices possible. You may submit comments by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Attention: Comment Processing, Office of the Comptroller of the Currency, Attention: 1557–0230, 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– 0230’’ 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. You may review comments and other related materials that pertain to this information collection beginning on the date of publication of the second notice for this collection 1 by the following method: • 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 ‘‘1557–0230’’ or ‘‘Fair Credit Reporting: Affiliate Marketing.’’ 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. FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance Officer, (202) 649–5490, Chief Counsel’s Office, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from OMB for each collection of information that they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of title 44 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. Title: Fair Credit Reporting: Affiliate Marketing. OMB Control No.: 1557–0230. Type of Review: Regular. Frequency of Response: On occasion. Affected Public: Businesses or other for-profit. Estimated Number of Respondents: 97,723. Total Annual Burden: 10,281 hours. Description: Section 214 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act),2 which added section 624 to the Fair Credit Reporting Act (FCRA),3 generally prohibits a person from using certain information received from an affiliate to solicit a consumer for marketing purposes, unless the consumer is given notice and an opportunity and simple method to opt out of such solicitations. Twelve CFR 1022.20–1022.27 require financial institutions to issue notices informing consumers about their rights under section 214 of the FACT Act. Consumers use the notices to decide if they want to receive solicitations for marketing purposes or opt out. Financial institutions use consumers’ opt-out responses to determine the permissibility of making a solicitation for marketing purposes. If a person receives certain consumer eligibility information from an affiliate, the person may not use that information to solicit 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 1 Following the close of this notice’s 60-day comment period, the OCC will publish a second notice with a 30-day comment period. 2 Public Law 108–159, 117 Stat. 1952 (December 4, 2003). 3 15 U.S.C. 1681 et seq. VerDate Sep<11>2014 18:46 Mar 19, 2021 Jkt 253001 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 15289 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 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. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2021–05828 Filed 3–19–21; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Privacy Act of 1974, System of Records Special Inspector General for Pandemic Recovery (SIGPR), Department of the Treasury. ACTION: Notice of new systems of records. AGENCY: In accordance with the Privacy Act of 1974, the Department of the Treasury proposes to establish three new systems of records within its inventory of records systems, subject to the Privacy Act of 1974 as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of SUMMARY: E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15288-15289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05828]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Fair Credit Reporting: Affiliate Marketing

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to comment on the renewal of an information collection as 
required by the Paperwork Reduction Act of 1995 (PRA). An agency may 
not conduct or sponsor, and a respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of an information collection titled, 
``Affiliate Marketing.''

DATES: Comments must be submitted on or before May 21, 2021.

ADDRESSES: Commenters are encouraged to submit comments by email, if

[[Page 15289]]

possible. You may submit comments by any of the following methods:
     Email: [email protected].
     Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, Attention: 1557-
0230, 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 
``1557-0230'' 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.
    You may review comments and other related materials that pertain to 
this information collection beginning on the date of publication of the 
second notice for this collection \1\ by the following method:
---------------------------------------------------------------------------

    \1\ Following the close of this notice's 60-day comment period, 
the OCC will publish a second notice with a 30-day comment period.
---------------------------------------------------------------------------

     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 ``1557-0230'' or ``Fair Credit Reporting: Affiliate Marketing.'' 
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.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490, Chief Counsel's Office, Office of the 
Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. Section 
3506(c)(2)(A) of title 44 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.
    Title: Fair Credit Reporting: Affiliate Marketing.
    OMB Control No.: 1557-0230.
    Type of Review: Regular.
    Frequency of Response: On occasion.
    Affected Public: Businesses or other for-profit.
    Estimated Number of Respondents: 97,723.
    Total Annual Burden: 10,281 hours.
    Description: Section 214 of the Fair and Accurate Credit 
Transactions Act of 2003 (FACT Act),\2\ which added section 624 to the 
Fair Credit Reporting Act (FCRA),\3\ generally prohibits a person from 
using certain information received from an affiliate to solicit a 
consumer for marketing purposes, unless the consumer is given notice 
and an opportunity and simple method to opt out of such solicitations.
---------------------------------------------------------------------------

    \2\ Public Law 108-159, 117 Stat. 1952 (December 4, 2003).
    \3\ 15 U.S.C. 1681 et seq.
---------------------------------------------------------------------------

    Twelve CFR 1022.20-1022.27 require financial institutions to issue 
notices informing consumers about their rights under section 214 of the 
FACT Act. Consumers use the notices to decide if they want to receive 
solicitations for marketing purposes or opt out. Financial institutions 
use consumers' opt-out responses to determine the permissibility of 
making a solicitation for marketing purposes.
    If a person receives certain consumer eligibility information from 
an affiliate, the person may not use that information to solicit 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 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.

Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2021-05828 Filed 3-19-21; 8:45 am]
BILLING CODE 4810-33-P