Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices 20075 

3Appeared as § 5.47(n)(1)(ii)(B) in the February 

2014 Interim Final Rule and subsequently 

redesignated as § 5.47(g)(1)(ii)(B). 

4Appeared as § 5.47(n)(1)(ii)(A) in the February 

2014 Interim Final Rule and subsequently 

redesignated as § 5.47(g)(1)(ii)(A). 

5The OCC proposed to renumber this section as 

new § 5.56 in its proposed rule entitled ‘‘Integration 

of National Bank and Federal Savings Association 

Regulations: Licensing Rules,’’ 79 FR 33260 (June 

10, 2014). 

information required for general 

prepayment requests under 12 CFR 

5.47(g)(1)(ii)(A) 3 and also must comply 

with 12 CFR 5.47(g)(1)(ii)(B)(2) 4, which 

requires a national bank to submit 

either: (1) A statement explaining why 

the bank believes that following the 

proposed prepayment the bank would 

continue to hold an amount of capital 

commensurate with its risk or (2) a 

description of the replacement capital 

instrument that meets the criteria for 

tier 1 or tier 2 capital under 12 CFR 

3.20, including the amount of such 

instrument and the time frame for 

issuance. 

The February 2014 Interim Final Rule 

also revised the requirements of 12 CFR 

163.81 5 applicable to Federal savings 

associations. Specifically, those 

revisions require a Federal savings 

association to obtain prior OCC 

approval to prepay subordinated debt 

securities or mandatorily redeemable 

preferred stock (covered securities) 

included in tier 2 capital. In addition, if 

the prepayment is in the form of a call 

option, a Federal savings association 

must submit the information required 

for general prepayment requests under 

12 CFR 163.81(j)(2)(i) and also comply 

with 12 CFR 163.81(j)(2)(ii)(A), which 

requires a Federal savings association to 

submit either: (1) A statement 

explaining why the Federal savings 

association believes that following the 

proposed prepayment the Federal 

savings association would continue to 

hold an amount of capital 

commensurate with its risk or (2) a 

description of the replacement capital 

instrument that meets the criteria for 

tier 1 or tier 2 capital under 12 CFR 

3.20, including the amount of such 

instrument and the time frame for 

issuance. 

The December 2014 Interim Final 

Rule revised 12 CFR 5.47 to add a 

disclosure requirement in 12 CFR 

5.47(d)(3)(ii)(C). A national bank must 

describe in the subordinated debt note 

the OCC’s authority under 12 CFR 3.11 

to limit distributions, including interest 

payments on any tier 2 capital 

instrument, if the national bank has full 

discretion to permanently or 

temporarily suspend such payments 

without triggering an event of default. 

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 collections of 

information 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; and 

(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. 

Dated: April 8, 2015. 

Mary H. Gottlieb, 

Regulatory Specialist, Legislative and 

Regulatory Activities Division. 

[FR Doc. 2015–08498 Filed 4–13–15; 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; Submission for OMB Review; 

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.’’ The OCC also is giving 

notice that it has sent the collection to 

OMB for review. 

DATES: You should submit written 

comments by May 14, 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. 

Additionally, please send a copy of 

your comments by mail to: OCC Desk 

Officer, 1557–0200, U.S. Office of 

Management and Budget, 725 17th 

Street NW., #10235, Washington, DC 

20503, or by email to: oirasubmission@

omb.eop.gov. 

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 No.: 1557–0200. 

Description: 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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
20076 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices 

1 15 U.S.C. 80a–3(c)(1). 

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. 

The OCC issued a notice for 60 days 

of comment on January 26, 2015 (80 FR 

4038). 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 

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: April 8, 2015. 

Mary H. Gottlieb, 

Regulatory Specialist, Legislative and 

Regulatory Activities Division. 

[FR Doc. 2015–08497 Filed 4–13–15; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Comptroller of the Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Comment Request; 

Investment Securities 

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, ‘‘Investment 

Securities.’’ 

DATES: You should submit written 

comments by June 15, 2015. 

ADDRESS: 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: 

1557–0205, 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 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 proposing to extend OMB approval, 

without change, of the following 

information collection: 

Title: Investment Securities. 

OMB Control No.: 1557–0205. 

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 

its approval of the information 

collection. 

The information collection 

requirements in 12 CFR part 1 are as 

follows: 

Under 12 CFR 1.3(h)(2), a national 

bank may request an OCC determination 

that it may invest in an entity that is 

exempt from registration under section 

3(c)(1) of the Investment Company Act 

of 1940 1 if the portfolio of the entity 

consists exclusively of assets that a 

national bank may purchase and sell for 

its own account. The OCC uses the 

information contained in the request as 

a basis for ensuring that the bank’s 

investment is consistent with its 

investment authority under applicable 

law and does not pose unacceptable 

risk. 

Under 12 CFR 1.7(b), a national bank 

may request OCC approval to extend the 

five-year holding period for securities 

held in satisfaction of debts previously 

contracted (DPC) for up to an additional 

five years. The bank must provide a 

clearly convincing demonstration of 

why any additional holding period is 

needed. The OCC uses the information 

in the request to ensure, on a case-bycase basis, that the bank’s purpose in 

retaining the securities is not 

speculative and that the bank’s reasons 


asabaliauskas on DSK5VPTVN1PROD with NOTICES