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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 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. 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.” 

# DATES:

You should submit written comments by December 12, 2005. 

# ADDRESSES:

                        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                         *regs.comments@occ.treas.gov.*                         You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874-5043.                     

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., #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 Gottlieb, OCC Clearance Officer, or Camille Dixon, (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 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 collection is required to protect non-public OCC information from unnecessary disclosure in order to ensure that national banks and the OCC engage in a candid dialogue during the bank examination process. Individuals who request non-public OCC information are required to provide the OCC with information regarding the requester's legal grounds for the request. Inappropriate release of information would inhibit open consultation between a bank and the OCC. 

The information requirements in 12 CFR part 4, subpart C, are located 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 4.36(a)(2): OCC former employee notifying OCC of subpoena. 

12 CFR 4.37(a) and (b): Agreement to limit dissemination of released information. 

12 CFR 4.38(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:*                     Extension, without change, of a currently approved collection.                 

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

*Number of Respondents:*                     110.                 

*Total Annual Responses:*                     170.                 

*Frequency of Response:*                     On occasion.                 

*Total Annual Burden:*                     467 hours.                 

*Comments:*                     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 startup costs and costs of operation, maintenance, and purchase of services to provide information. 

Dated: October 6, 2005. 

Stuart Feldstein, 

Assistant Director, Legislative & Regulatory Activities Division. 

[FR Doc. 05-20509 Filed 10-12-05; 8:45 am] 

BILLING CODE 4810-33-P