Agency Information Collection Requirements; Information Collection Renewal; Comment Request; Release of Non-Public Information

Published date08 April 2021
Citation86 FR 18371
Record Number2021-07256
SectionNotices
CourtThe Comptroller Of The Currency Office
Federal Register, Volume 86 Issue 66 (Thursday, April 8, 2021)
[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
                [Notices]
                [Pages 18371-18372]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-07256]
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                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.
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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 (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 the renewal of its information collection
                titled, ``Release of Non-Public Information.''
                DATES: You should submit written comments by June 7, 2021.
                ADDRESSES: Commenters are encouraged to submit comments by email, if
                possible. You may submit comments by any of the following methods:
                 Email: [email protected].
                 Mail: Chief Counsel's Office, Attention: Comment
                Processing, Office of the Comptroller of the Currency, Attention: 1557-
                0200, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
                 Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
                Washington, DC 20219.
                 Fax: (571) 465-4326.
                 Instructions: You must include ``OCC'' as the agency name and
                ``1557-0200'' in your comment. In general, the OCC will publish
                comments on www.reginfo.gov without change, including any business or
                personal information provided, such as name and address information,
                email addresses, or phone numbers. Comments received, including
                attachments and other supporting materials, are part of the public
                record and subject to public disclosure. Do not include any information
                in your comment or supporting materials that you consider confidential
                or inappropriate for public disclosure.
                 You may review comments and other related materials that pertain to
                this information collection beginning on the date of publication of the
                second notice for this collection \1\ by the following method:
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                 \1\ Following the close of this notice's 60-day comment period,
                the OCC will publish a second notice with a 30-day comment period.
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                 Viewing Comments Electronically: Go to www.reginfo.gov.
                Click on the ``Information Collection Review'' tab. Underneath the
                ``Currently under Review'' section heading, from the drop-down menu
                select ``Department of Treasury'' and then click ``submit.'' This
                information collection can be located by searching by OMB control
                number ``1557-0200'' or ``Release of Non-Public Information.'' Upon
                finding the appropriate information collection, click on the related
                ``ICR Reference Number.'' On the next screen, select ``View Supporting
                Statement and Other Documents'' and then click on the link to any
                comment listed at the bottom of the screen.
                 For assistance in navigating www.reginfo.gov, please
                contact the Regulatory Information Service Center at (202) 482-7340.
                FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance
                Officer, (202) 649-5490, Chief Counsel's Office, Office of the
                Comptroller of the Currency, 400 7th Street SW, Suite 3E-218,
                Washington, DC 20219.
                SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
                agencies must obtain approval from the Office of Management and Budget
                (OMB) for each collection of information that they conduct or sponsor.
                ``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
                1320.3(c) to include agency requests or requirements that members of
                the public submit reports, keep records, or provide information to a
                third party. Section 3506(c)(2)(A) of title 44 requires Federal
                agencies to provide a 60-day notice in the Federal Register concerning
                each proposed collection of information, including each proposed
                extension of an existing collection of information, before submitting
                the collection to OMB
                [[Page 18372]]
                for approval. To comply with this requirement, the OCC is publishing
                notice of the proposed collection of information set forth in this
                document.
                 Title: Release of Non-Public Information.
                 OMB Control No.: 1557-0200.
                 Abstract: The information collection requirements require
                individuals who are requesting non-public 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 non-public 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): Prohibition on dissemination of
                released information;
                 12 CFR 4.38(a) and (b): Restrictions on dissemination of
                released information; and
                 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: 2.
                 Frequency of Response: On occasion.
                 Total Annual Burden: 6 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.
                Theodore J. Dowd,
                Deputy Chief Counsel, Office of the Comptroller of the Currency.
                [FR Doc. 2021-07256 Filed 4-7-21; 8:45 am]
                BILLING CODE 4810-33-P
                

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