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###### Department of the Treasury

###### Office of the Comptroller of the Currency

# 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 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 the renewal of its information collection titled, “Release of Non-Public Information.”

# DATES:

Comments must be received by December 16, 2024. 

# 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, Office of the Comptroller of the Currency, Attention: 1557-0200, 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) 293-4835.                    

                        Instructions: You must include “OCC” as the agency name and “1557-0200” 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.                    

                        Written comments and recommendations for the proposed information collection should also be sent within 30 days of publication of this notice to                         *www.reginfo.gov/​public/​do/​PRAMain.*                         You can find this information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.                    

You may review comments and other related materials that pertain to this information collection following the close of the 30-day comment period for this notice by the method set forth in the next bullet.
      -  Viewing Comments Electronically:                          Go to                          www.reginfo.gov.                          Hover over the “Information Collection Review” tab and click on “Information Collection Review” from the drop-down menu. From the “Currently under Review” drop-down menu, select “Department of Treasury” and then click “submit.” This information collection can be located by searching OMB control number “1557-0200” or “Release of Non-Public Information.” 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, Clearance Officer, (202) 649-5490, Chief Counsel's Office, Office of the Comptroller of the                               ( print page 90218)                            Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.                     

# 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 the OMB to extend its approval of the collection in this notice.                

*Title:*                     Release of Non-Public Information.                

*OMB Control No.:*                     1557-0020.                

*Type of Review:*                     Regular.                

*Affected Public:*                     Businesses or other for-profit; individuals.                

*Description:*                     The information collection requirements require individuals who are requesting non-public OCC information to provide the OCC with information regarding the legal grounds for the request. The 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 the OCC of subpoena;
    -  12 CFR 4.37(a)  and  (b) : Prohibition on dissemination of released information;
    -  12 CFR 4.38(a)  and  (b) : Restrictions on dissemination of released information; and
    -  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.

*Estimated Frequency of Response:*                     On occasion.                

*Estimated Number of Respondents:*                     2.                

*Estimated Total Annual Burden:*                     6 hours.                

*Comments:*                     On August 21, 2024, the OCC published a 60-day notice for this information collection, (89 FR 67711). 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 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.

Patrick T. Tierney,

Assistant Director, Office of the Comptroller of the Currency.

[FR Doc. 2024-26507 Filed 11-13-24; 8:45 am]

BILLING CODE 4810-33-P