[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Notices]
[Pages 13311-13312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6767]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


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.

-----------------------------------------------------------------------

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, ``Recordkeeping 
Requirements for Securities Transactions--12 CFR part 12.'' The OCC 
also gives notice that it has sent the information collection to the 
Office of Management and Budget (OMB) for review.

DATES: You should submit comments by April 27, 2009.

ADDRESSES: Communications Division, Office of the Comptroller of the 
Currency, Mailstop 2-3, Attention: 1557-0142, 250 E Street, SW., 
Washington, DC 20219. In addition, comments may be sent by fax to (202) 
874-5274, or by electronic mail to [email protected]. You may 
personally inspect and photocopy 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 submit to 
security screening in order to inspect and photocopy comments.

[[Page 13312]]

    Additionally, you should send a copy of your comments to: OCC Desk 
Officer, 1557-0142, 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 OMB approval 
of the following information collection:
    Title: Recordkeeping Requirements for Securities Transactions--12 
CFR part 12.
    OMB Number: 1557-0142.
    Description: This submission covers an existing regulation and 
involves no change to the regulation or to the information collection 
requirements. The only revisions to the submission are the revised 
estimates, which have been updated.
    The information collection requirements in 12 CFR part 12 are 
required to ensure national bank compliance with securities laws and to 
improve the protection afforded persons who purchase and sell 
securities through banks. The transaction confirmation information 
provides customers with a record regarding each transaction and 
provides banks and the OCC with records to ensure compliance with 
banking and securities laws and regulations. The OCC uses the required 
information in its examinations to, among other things, evaluate a 
bank's compliance with the antifraud provisions of the Federal 
securities laws.
    The information collection requirements contained in 12 CFR part 12 
are as follows:
     Section 12.3 requires a national bank effecting securities 
transactions for customers to maintain records for at least three 
years. The records required by this section must clearly and accurately 
reflect the information required and provide an adequate basis for the 
audit of the information.
     Section 12.4 requires a national bank to give or send to 
the customer a written notification of the transaction or a copy of the 
registered broker/dealer confirmation relating to the transaction.
     Sections 12.5(a), (b), (c), and (e) describe notification 
procedures a national bank may use as an alternative to complying with 
Sec.  12.4, to notify customers of transactions in which the bank does 
not exercise investment discretion, trust transactions, agency 
transactions and certain securities transactions for periodic plans.
     Sections 12.7(a)(1) through (a)(3) require a national bank 
to maintain and adhere to policies and procedures that assign 
responsibility for supervision of employees who perform securities 
trading functions; provide for the fair and equitable allocation of 
securities and prices to accounts; and provide for the crossing of buy 
and sell orders on a fair and equitable basis.
     Section 12.7(a)(4) requires certain bank officers and 
employees involved in the securities trading process to report to the 
bank within ten business days after the end of the calendar quarter all 
personal transactions in securities made by them or on their behalf in 
which they have a beneficial interest.
     Section 12.8 requires a national bank seeking a waiver of 
one or more of the requirements of Sec. Sec.  12.2 through 12.7 to file 
a written request for waiver with the OCC.
    Type of Review: Regular.
    Affected Public: Individuals; businesses or other for-profit.
    Estimated Number of Respondents: 497.
    Estimated Total Annual Responses: 2,501.
    Estimated Frequency of Response: On occasion.
    Estimated Total Annual Burden: 2,711 hours.
    The OCC issued a 60-day notice for comment on January 13, 2009. 74 
FR 1762. No comments were received. Comments continued 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: March 20, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
 [FR Doc. E9-6767 Filed 3-25-09; 8:45 am]
BILLING CODE 4810-33-P