4038 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices 

Activities Division, Office of the 

Comptroller of the Currency, Attention: 

1557–0310, 400 7th Street SW., Suite 

3E–218, Mail Stop 9W–11, Washington, 

DC 20219. In addition, comments may 

be sent by fax to (571) 465–4326 or by 

electronic mail to regs.comments@

occ.treas.gov. You may personally 

inspect and photocopy comments at the 

OCC, 400 7th 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) 649–6700. 

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. 

All comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

enclose any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

FOR FURTHER INFORMATION CONTACT: 

Mary H. Gottlieb, OCC Clearance 

Officer, (202) 649–5490, for persons 

who are deaf or hard of hearing, TTY, 

(202) 649–5597, Legislative and 

Regulatory Activities Division, Office of 

the Comptroller of the Currency, 400 7th 

Street SW., Suite 3E–218, Mail Stop 

9W–11, Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is requesting renewal of OMB’s approval 

of the following information collection. 

Title of Collection: Capital 

Distribution. 

OMB Control Number: 1557–0310. 

Form Number: 1583. 

Description: Under the OCC’s rules 

governing capital distributions at 12 

CFR part 163, subpart E, a Federal 

savings association (FSA) must file a 

capital distribution application with the 

OCC if: (1) It is not eligible for expedited 

treatment under 12 CFR 116.5; (2) the 

total amount of the its capital 

distributions (including the proposed 

capital distribution) for the applicable 

calendar year exceeds its net income for 

that year to date, plus retained net 

income for the preceding two years; (3) 

it would not be at least adequately 

capitalized, as set forth in 12 CFR 6.4, 

after the capital distribution; or (4) the 

proposed capital distribution would 

violate any applicable statute, 

regulation, or agreement with the OCC 

or the OTS, or violate a condition 

imposed on it in connection with an 

application or notice approved by the 

OCC or the OTS. 12 CFR 163.143(a). 

If an FSA is not required to file a 

capital distribution application, it may 

be required to file a capital distribution 

notice with the OCC if: (1) It would not 

be well capitalized following the capital 

distribution as set forth in 12 CFR 

165.4(b)(1); (2) the proposed capital 

distribution would reduce the amount 

of or retire any part of its common or 

preferred stock, or retire any part of debt 

instruments (such as notes or 

debentures) included in capital under 

12 CFR part 3 or part 167, as applicable, 

(other than regular payments required 

under a debt instrument approved 

under 12 CFR 163.81); or (3) it is a 

subsidiary of a savings and loan holding 

company. 12 CFR 163.143(b). 

If neither an FSA nor its proposed 

capital distribution meet the criteria 

described above, the FSA is not required 

to file an application or notice with the 

OCC. 12 CFR 163.143(c). However, if the 

FSA is required to file a notice with the 

Board of Governors of the Federal 

Reserve System (FRB) involving a cash 

dividend pursuant to 12 U.S.C. 1467a(f), 

it is required to provide an 

informational copy of the filing to the 

OCC under 12 CFR 163.143(d) at the 

same time the notice is filed with the 

FRB. 

Type of Review: New collection. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

10. 

Estimated Frequency of Response: On 

occasion. 

Estimated Total Burden: 11 hours. 

Comments are solicited on: 

a. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

OCC; 

b. The accuracy of OCC’s estimate of 

the burden of the proposed information 

collection; 

c. Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

d. Ways to minimize the burden of the 

information collection on respondents, 

including through the use of 

information technology. 

e. Estimates of capital or start-up costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

We will summarize the comments 

that we receive and include them in our 

request for OMB approval. All 

comments will become a matter of 

public record. 

Dated: January 20, 2015. 

Stuart E. Feldstein, 

Director, Legislative and Regulatory Activities 

Division. 

[FR Doc. 2015–01355 Filed 1–23–15; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Requirements; Information Collection 

Renewal; Comment Request; Release 

of Non-Public Information 

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 (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 renewal of its information 

collection titled, ‘‘Release of Non-Public 

Information.’’ 

DATES: You should submit written 

comments by March 27, 2015. 

ADDRESSES: Because paper mail in the 

Washington, DC area and at the OCC is 

subject to delay, commenters are 

encouraged to submit comments by 

email, if possible. Comments may be 

sent to: Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, Attention: 

1557–0200, 400 7th Street SW., Suite 

3E–218, Mail Stop 9W–11, Washington, 

DC 20219. In addition, comments may 

be sent by fax to (571) 465–4326 or by 

electronic mail to regs.comments@

occ.treas.gov. You may personally 

inspect and photocopy comments at the 

OCC, 400 7th 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) 649–6700. 

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. 

All comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

enclose any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Notices 4039 

FOR FURTHER INFORMATION CONTACT: 

Mary H. Gottlieb, OCC Clearance 

Officer, (202) 649–5490, for persons 

who are deaf or hard of hearing, TTY, 

(202) 649–5597, Legislative and 

Regulatory Activities Division, Office of 

the Comptroller of the Currency, 400 7th 

Street SW., Suite 3E–218, Mail Stop 

9W–11, Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection: 

Title: Release of Non-Public 

Information—12 CFR 4, Subpart C. 

OMB Number: 1557–0200. 

Form Number: None. 

Abstract: This submission covers an 

existing regulation and involves no 

change to the regulation or to the 

information collections embodied in the 

regulation. The OCC requests only that 

OMB renew its approval of the 

information collections in the current 

regulation. 

The information requirements require 

individuals who are requesting nonpublic 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 nonpublic 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 OCC of subpoena. 

• 12 CFR 4.37(a) and (b): Limitation 

on dissemination of released 

information. 

• 12 CFR 4.38(a) and (b): Conditions 

on dissemination of released 

information. 

• 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. 

Type of Review: Extension, without 

change, of a currently approved 

collection. 

Affected Public: Businesses or other 

for-profit; individuals. 

Number of Respondents: 83. 

Frequency of Response: On occasion. 

Total Annual Burden: 241 hours. 

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 

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 start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: January 20, 2015. 

Stuart E. Feldstein, 

Director, Legislative & Regulatory Activities 

Division. 

[FR Doc. 2015–01350 Filed 1–23–15; 8:45 am] 

BILLING CODE 4810–33–P 


emcdonald on DSK67QTVN1PROD with NOTICES