[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1761-1762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-431]


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DEPARTMENT OF THE TREASURY


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.

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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 the 
information collection displays a currently valid OMB control number. 
Currently, the OCC is soliciting comment concerning its extension, 
without change, of an information collection titled, ``Release of Non-
Public Information--12 CFR 4, Subpart C.'' The OCC is also giving 
notice that it has submitted the collection to OMB for review.

DATES: You should submit written comments by February 12, 2009.

ADDRESSES: You should direct all written comments to: Communications 
Division, Office of the Comptroller of the Currency, Public Information 
Room, Mailstop 1-5, Attention: 1557-0200, 250 E Street, SW., 
Washington, DC 20219. In addition, comments may be sent by fax to (202) 
874-4448, or by electronic mail to <a href="/cdn-cgi/l/email-protection#4f3d2a283c612c2022222a213b3c0f202c2c613b3d2a2e3c61282039"><span class="__cf_email__" data-cfemail="681a0d0f1b460b0705050d061c1b28070b0b461c1a0d091b460f071e">[email protected]</span></a>. You can 
inspect and photocopy the comments at the OCC's Public Information 
Room, 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) 874-5043. 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, 1557-0200, by mail to U.S. Office of Management and Budget, 
725 17th Street, NW., <greek-i>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: Release of Non-Public Information--12 CFR 4, Subpart C.
    OMB Control No.: 1557-0200.
    Form No.: None.
    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 
non-public OCC information to provide the OCC with information 
regarding the requester's legal grounds for the request.

[[Page 1762]]

Release of non-public OCC information when the requester did not have 
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 know 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 
located as follows:
    <bullet> 12 CFR 4.33: Request for non-public OCC records or 
testimony.
    <bullet> 12 CFR 4.35(b)(3): Third parties requesting testimony.
    <bullet> 12 CFR 4.37(a)(2): OCC former employee notifying OCC of 
subpoena.
    <bullet> 12 CFR 4.37(a) and (b): Limitation on dissemination of 
released information.
    <bullet> 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. This 
information collection makes the mechanism for processing requests more 
efficient and facilitates and expedites the OCC's release of non-public 
information and testimony to the requester.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit; individuals.
    Estimated Number of Respondents: 110.
    Estimated Frequency of Response: On occasion.
    Estimated Total Annual Burden: 467 hours.
    On November 3, 2008, the OCC published a notice in the Federal 
Register soliciting comment for 60 days on this information collection 
(73 FR 65447). 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 startup costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: January 6, 2009.
Michele Meyer,
Assistant Director, Legislative & Regulatory Activities Division.
 [FR Doc. E9-431 Filed 1-12-09; 8:45 am]
BILLING CODE 4810-33-P


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