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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. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, “Notice Regarding Unauthorized Access to Customer Information.”

# DATES:

You should submit comments by April 5, 2010. 

# ADDRESSES:

                        Communications Division, Office of the Comptroller of the Currency, Mailstop 2-3, Attention: 1557-0227, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874-5274 or by electronic mail to                         *regs.comments@occ.treas.gov.*                         You may personally inspect and photocopy the comments at the OCC, 250 E Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874-4700. 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.                    

Additionally, you should send a copy of your comments to: OCC Desk Officer, 1557-0227, 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 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, without revision, the approval of the following information collection:

*Title:*                     Notice Regarding Unauthorized Access to Customer Information.                

*OMB Control No.:*                     1557-0227.                 

*Description:*                     Section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6901) requires the OCC to establish standards for national banks relating to administrative, technical, and physical safeguards to: (1) Insure the security and confidentiality of customer records and information; (2) protect against any anticipated threats or hazards to the security or integrity of such records; and (3) protect against unauthorized access to, or use of, such records or information that could result in substantial harm or inconvenience to any customer.                

                    The Interagency Guidelines Establishing Information Security                           ( print page 5642)                        Standards, 12 CFR Part 30, Appendix B (Security Guidelines), implementing section 501(b), require each bank to consider and adopt a response program, if appropriate, that specifies actions to be taken when the bank suspects or detects that unauthorized individuals have gained access to customer information.                

The Interagency Guidance on Response Programs for Unauthorized Customer Information and Customer Notice (Breach Notice Guidance), which interprets the Security Guidelines, states that, at a minimum, a bank's response program should contain procedures for the following:

(1) Assessing the nature and scope of an incident, and identifying what customer information systems and types of customer information have been accessed or misused;

(2) Notifying its primary Federal regulator as soon as possible when the bank becomes aware of an incident involving unauthorized access to, or use of, sensitive customer information;

(3) Consistent with the OCC's Suspicious Activity Report regulations, notifying appropriate law enforcement authorities, as well as filing a timely SAR in situations in which Federal criminal violations require immediate attention, such as when a reportable violation is ongoing;

(4) Taking appropriate steps to contain and control the incident in an effort to prevent further unauthorized access to, or use of, customer information, for example, by monitoring, freezing, or closing affected accounts, while preserving records and other evidence; and

(5) Notifying customers when warranted.

This collection of information covers the notice provisions in the Breach Notice Guidance.

*Type of Review:*                     Extension of a currently approved collection.                 

*Affected Public:*                     Individuals; businesses or other for-profit.                 

*Estimated Number of Respondents:*                     25.                 

*Estimated Time per Respondent:*

*Developing notices:*                     16 hours.                

*Notifying customers:*                     20 hours.                

*Estimated Total Annual Burden:*                     900 hours.                

*Frequency of Response:*                     On occasion.                 

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 OCC, including whether the information has practical utility; 

(b) The accuracy of the OCC's estimate of the 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 collection on respondents, including through the use of automated collection techniques or other forms of information technology; 

(e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information; and

(f) Whether the estimates need to be adjusted based upon banks' experiences regarding the number of actual security breaches that occur.

Dated: January 28, 2010. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory Activities Division.

[FR Doc. 2010-2212 Filed 2-2-10; 8:45 am]

BILLING CODE 4810-33-P