Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41187 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

25. 

Estimated Total Annual Responses: 

25. 

Estimated Total Annual Burden: 460 

hours. 

Frequency of Response: On occasion. 

The OCC issued a 60-day notice for 

comment on May 8, 2009. 74 FR 21738. 

No comments were received. Comments 

continued 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 startup costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

Dated: August 10, 2009. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. E9–19469 Filed 8–13–09; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency, 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 OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Leasing.’’ 

DATES: Comments must be received by 

October 13, 2009. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Public Information Room, 

Mailstop 2–3, Attention: 1557–0206, 

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 can 

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 to OCC Desk Officer, 

1557–0206, by mail to 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: Leasing (12 CFR part 23). 

OMB Number: 1557–0206. 

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 

the expiration date. 

Information Collection Requirements 

Found in 12 CFR Part 23 

12 CFR 23.4(c) 

Under 12 CFR 23.4(c), national banks 

must liquidate or re-lease personal 

property that is no longer subject to 

lease (off-lease property) within five 

years from the date of the lease 

expiration. If a bank wishes to extend 

the five-year holding period for up to an 

additional five years, it must obtain 

OCC approval. Permitting a bank to 

extend the holding period may result in 

cost savings to national banks. It also 

provides flexibility for a bank that 

experiences unusual or unforeseen 

conditions which would make it 

imprudent to dispose of the off-lease 

property. Section 23.4(c) requires a bank 

seeking an extension to provide a 

clearly convincing demonstration as to 

why an additional holding period is 

necessary. In addition, a bank must 

value off-lease property at the lower of 

current fair market value or book value 

promptly after the property comes offlease. These requirements enable the 

OCC to ensure that a bank is not holding 

the property for speculative reasons and 

that the value of the property is 

recorded in accordance with generally 

accepted accounting principles (GAAP). 

Section 23.5 

Under 12 CFR 23.5, leases are subject 

to the lending limits prescribed by 12 

U.S.C. 84 or, if the lessee is an affiliate 

of the bank, to the restrictions on 

transactions with affiliates prescribed by 

12 U.S.C. 371c and 371c-1. See 12 CFR 

23.6. Twelve U.S.C. 24 contains two 

separate provisions authorizing a 

national bank to acquire personal 

property for purposes of lease financing. 

Twelve U.S.C. 24 (Seventh) authorizes 

leases of personal property (section 24 

(Seventh) Leases) if the lease serves as 

the functional equivalent of a loan. See 

12 CFR 23.20. A national bank may also 

acquire personal property for purposes 

of lease financing under the authority of 

12 U.S.C. 24 (Tenth) (CEBA Leases). 

Section 23.5 requires that if a bank 

enters into both types of leases, its 

records must distinguish between the 

two types of leases. This information is 

required to prove that the national bank 

is complying with the limitations and 

requirements applicable to the two 

types of leases. 

National banks use the information to 

ensure their compliance with applicable 

Federal banking law and regulations 

and accounting principles. The OCC 

uses the information in the conduct of 

bank examinations and as an audit tool 

to verify bank compliance with law and 

regulations. In addition, the OCC uses 

national bank requests for permission to 

extend the holding period for off-lease 

property to ensure national bank 

compliance with relevant law and 

regulations and to ensure bank safety 

and soundness. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals; 

Businesses or other for-profit. 

Estimated Number of Respondents: 

370. 

Estimated Total Annual Responses: 

370. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 685. 

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41188 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

Comments submitted in response to 

this notice will be summarized, 

included in the request for OMB 

approval, and 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 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 startup costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: August 10, 2009. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. E9–19473 Filed 8–13–09; 8:45 am] 

BILLING CODE 4810–33–P 

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 OMB control 

number. The OCC is soliciting comment 

concerning its information collection 

titled, ‘‘Identity Theft Red Flags and 

Address Discrepancies under the Fair 

and Accurate Credit Transactions Act of 

2003 (FACT Act).’’ The OCC also gives 

notice that it has sent the information 

collection to the Office of Management 

and Budget (OMB) for review. 

DATES: You should submit comments by 

September 14, 2009. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Mailstop 2–3, Attention: 

1557–0237, 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 

comments at the OCC, 250 E 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) 874–4700. 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. 

Additionally, you should send a copy 

of your comments to OCC Desk Officer, 

1557–0237, by mail to 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: Identity Theft Red Flags and 

Address Discrepancies under the Fair 

and Accurate Credit Transactions Act of 

2003 (FACT Act). 

OMB Number: 1557–0237. 

Description: 12 CFR 41.90, 41.91, 

41.82 and Appendix J to part 41 

implement sections 114 and 315 of the 

Fair and Accurate Credit Transactions 

Act of 2003 (FACT Act), Public Law 

108–159 (2003). 

Section 114 amended section 615 of 

the Fair Credit Reporting Act (FCRA) to 

require the OCC, FRB, FDIC, OTS, 

NCUA, and FTC (Agencies) to issue 

jointly: (1) Guidelines for financial 

institutions and creditors regarding 

identity theft with respect to their 

account holders and customers; (2) 

regulations requiring each financial 

institution and creditor to establish 

reasonable policies and procedures for 

implementing the guidelines to identify 

possible risks to account holders or 

customers or to the safety and 

soundness of the institution or creditor; 

and (3) regulations generally requiring 

credit and debit card issuers to assess 

the validity of change of address 

requests under certain circumstances. 

Section 315 amended section 605 of the 

FCRA to require the Agencies to issue 

regulations providing guidance 

regarding reasonable policies and 

procedures that a user of consumer 

reports must employ when a user 

receives a notice of address discrepancy 

from a consumer reporting agency 

(CRA). 

The information collections in § 41.90 

require each financial institution and 

creditor that offers or maintains one or 

more covered accounts to develop and 

implement a written Identity Theft 

Prevention Program (Program). In 

developing the Program, financial 

institutions and creditors are required to 

consider the guidelines in Appendix J to 

part 41 and include those that are 

appropriate. The initial Program must 

be approved by the board of directors or 

an appropriate committee thereof and 

the board, an appropriate committee 

thereof or a designated employee at the 

level of senior management must be 

involved in the oversight of the 

Program. In addition, staff must be 

trained to carry out the Program. 

Pursuant to § 41.91, each credit and 

debit card issuer is required to establish 

and implement policies and procedures 

to assess the validity of a change of 

address request under certain 

circumstances. Before issuing an 

additional or replacement card, the card 

issuer must notify the cardholder or use 

another means to assess the validity of 

the change of address. 

The information collections in § 41.82 

require each user of consumer reports to 

develop and implement reasonable 

policies and procedures designed to 

enable the user to form a reasonable 

belief that a consumer report relates to 

the consumer about whom it requested 

the report when the user receives a 

notice of address discrepancy from a 

CRA. A user of consumer reports must 

also develop and implement reasonable 

policies and procedures for furnishing 

an address for the consumer that the 

user has reasonably confirmed to be 

accurate to the CRA from which it 

receives a notice of address discrepancy 

when (1) the user can form a reasonable 

belief that the consumer report relates to 

the consumer about whom the user has 

requested the report; (2) the user 

establishes a continuing relationship 

with the consumer; and (3) the user 

regularly and in the ordinary course of 

business furnishes information to the 

CRA from which it received the notice 

of address discrepancy. 

Type of Review: Regular. 

Affected Public: Individuals; 

businesses or other for-profit. 

Estimated Number of Respondents: 

1,635. 

Estimated Total Annual Responses: 

6,550. 

Estimated Frequency of Response: On 

occasion. 

mstockstill on DSKH9S0YB1PROD with NOTICES