1840 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 

official who may be contacted for 

additional information is Fred 

Pietrangeli, Deputy Director for Office of 

Debt Management (202) 622–1876 

Dated: January 6, 2010. 

Fred Pietrangeli, 

Deputy Director, Office of Debt Management. 

[FR Doc. 2010–271 Filed 1–12–10; 8:45 am] 

BILLING CODE 4810–25–M 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection, as required by the Paperwork 

Reduction Act of 1995. An agency may 

not conduct or sponsor, and a 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Privacy of Consumer Financial 

Information (12 CFR part 40).’’ The OCC 

is also giving notice that it has sent the 

collection to OMB for review. 

DATES: You should submit written 

comments by February 12, 2010. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Mailstop 2–3, Attention: 

1557–0216, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy the 

comments at the OCC, 250 E Street, 

SW., Washington, DC 20219. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, you should send a copy 

of your comments by mail to OCC Desk 

Officer, 1557–0216, U.S. Office of 

Management and Budget, 725, 17th 

Street, NW., #10235, Washington, DC 

20503, or by fax to (202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information or a 

copy of the collection from Mary H. 

Gottlieb, OCC Clearance Officer, (202) 

874–5090, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection: 

Title: Privacy of Consumer Financial 

Information (12 CFR part 40). 

OMB Control No.: 1557–0216. 

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 

approve its revised estimates. 

The information collection 

requirements in part 40 are as follows: 

§ 40.4(a)—Disclosure (institution)— 

Initial privacy notice to consumers 

requirement—A bank must provide a 

clear and conspicuous notice that 

accurately reflects its privacy policies 

and practices to customers and 

consumers. 

§ 40.5(a)—Disclosure (institution)— 

Annual privacy notice to customers 

requirement—A bank must provide a 

clear and conspicuous notice to 

customers that accurately reflects its 

privacy policies and practices not less 

than annually during the continuation 

of the customer relationship. 

§ 40.8—Disclosure (institution)— 

Revised privacy notices—If a bank 

wishes to disclose information in a way 

that is inconsistent with the notices 

previously given to a consumer, the 

bank must provide consumers with a 

clear and conspicuous revised notice of 

the bank’s policies and procedures and 

a new opt out notice. 

§ 40.7(a)—Disclosure (institution)— 

Form of opt out notice to consumers; opt 

out methods—Form of opt out notice— 

If a bank is required to provide an optout notice under § 40.10(a), it must 

provide a clear and conspicuous notice 

to each of its consumers that accurately 

explains the right to opt out under that 

section. The notice must state: 

• That the bank discloses or reserves 

the right to disclose nonpublic personal 

information about its consumer to a 

nonaffiliated third party; 

• That the consumer has the right to 

opt out of that disclosure; and 

• A reasonable means by which the 

consumer may exercise the opt out 

right. 

A bank provides a reasonable means 

to exercise an opt out right if it: 

• Designates check-off boxes on the 

relevant forms with the opt out notice; 

• Includes a reply form with the opt 

out notice; 

• Provides electronic means to opt 

out; or 

• Provides a toll-free number to opt 

out. 

§§ 40.10(a)(2) and 40.10(c)— 

Consumers must take affirmative 

actions to exercise their rights to prevent 

financial institutions from sharing their 

information with nonaffiliated parties— 

• Opt out—Consumers may direct 

that the bank not disclose nonpublic 

personal information about them to a 

nonaffiliated third party, other than 

permitted by §§ 40.13–40.15 

• Partial opt out—Consumer may also 

exercise partial opt out rights by 

selecting certain nonpublic personal 

information or certain nonaffiliated 

third parties with respect to which the 

consumer wishes to opt out. 

§§ 40.7(f) and (g)—Reporting 

(consumer)—Consumers may exercise 

continuing right to opt out—Consumer 

may opt out at any time—A consumer 

may exercise the right to opt out at any 

time. A consumer’s direction to opt out 

is effective until the consumer revokes 

it in writing or, if the consumer agrees, 

electronically. When a customer 

relationship terminates, the customer’s 

opt out direction continues to apply. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profit; individuals. 

Estimated Annual Number of 

Institution Respondents: Initial Notice, 

11; Annual Notice and Change in 

Terms, 1,625; Opt-out Notice, 813. 

Estimated Average Time per Response 

Per Institution: Initial Notice, 80 hours; 

Annual Notice and Change in Terms, 8 

hours; Opt-out Notice, 8 hours. 

Estimated Subtotal Annual Burden 

Hours for Institutions: 20,384 hours. 

Estimated Annual Number of 

Consumer Respondents: 15,028,802. 

Estimated Average Time per Consumer 

Response: 0.25 hours. 

Estimated Subtotal Annual Burden 

Hours for Consumers: 3,757,200.5 

hours. 

Estimated Total Annual Burden 

Hours: 3,777,584.5 hours. 

The OCC issued a 60-day Federal 

Register notice on November 3, 2009. 74 

FR 56923. 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 

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 


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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1841 

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: January 7, 2010. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. 2010–414 Filed 1–12–10; 8:45 am] 

BILLING CODE 4810–33–P 


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