[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Notices]
[Pages 15379-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05558]


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NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities; Submission to OMB for a 
New Collection; Comment Request

AGENCY: National Credit Union Administration (NCUA).

ACTION: Request for comment.

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SUMMARY: The NCUA intends to submit the following information 
collection to the Office of Management and Budget (OMB) for review and 
clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 
U.S.C. Chapter 35). This information collection notice is published to 
obtain comments from the public. The NCUA is proposing a new 
information collection related to its solicitation of proposals for 
outside legal counsel (outside counsel) to assist and advise the NCUA 
in its various capacities. The information will assist the NCUA in 
further: (i) Standardizing the data it uses to select outside counsel; 
(ii) considering additional criteria in making its selections; and 
(iii) improving efficiency and recordkeeping related to its selection 
process.

DATES: Comments will be accepted until May 10, 2013.

ADDRESSES: Interested parties are invited to submit written comments to 
the NCUA Contact and the OMB Reviewer listed below:

NCUA Contact: Tracy Crews, National Credit Union Administration, 1775 
Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861, 
Email: [email protected].
OMB Contact: Office of Management and Budget, ATTN: Desk Officer for 
the National Credit Union Administration, Office of Information and 
Regulatory Affairs, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Requests for additional information, a 
copy of the information collection request, or a copy of submitted 
comments should be directed to Tracy Crews at the National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at 
(703) 518-6444.

SUPPLEMENTARY INFORMATION:

I. Abstract and Request for Comments

    The NCUA has developed two forms for collecting information from 
prospective outside counsel. One form relates to a budget or estimate 
of the legal fees, costs, and expenses that outside counsel would 
expect to invoice with respect to a particular legal matter. The other 
form includes representations

[[Page 15380]]

and certifications, covering matters such as firm profile and 
expertise, malpractice insurance, price determination and contract 
solicitation methods, equal opportunity, lobbying, invoices, and 
conflicts of interest. The information will enable the NCUA to further 
standardize the data it uses to select outside counsel, consider 
additional criteria in making its selections, and improve efficiency 
and recordkeeping related to its selection process.
    In connection with seeking proposals from outside counsel, the 
NCUA's collections of information, in any of its capacities, are not 
subject to the Paperwork Reduction Act.\1\ Nevertheless, the NCUA 
intends to voluntarily comply with the Paperwork Reduction Act in 
collecting this information.
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    \1\ See 12 U.S.C. 1766(i)(2) (``In addition to the authority 
conferred upon it by other sections of this chapter, the [NCUA] 
Board is authorized in carrying out its functions under this chapter 
* * * to expend such funds, enter into such contracts with public 
and private organizations and persons, make such payments in advance 
or by way of reimbursement, acquire and dispose of, by lease or 
purchase, real or personal property, without regard to the 
provisions of any other law applicable to executive or independent 
agencies of the United States, and perform such other functions or 
acts as it may deem necessary or appropriate to carry out the 
provisions of this chapter, in accordance with the rules and 
regulations or policies established by the Board not inconsistent 
with this chapter * * *.) (emphasis added); see also 12 U.S.C. 
1787(b)(2)(A) (providing that when the NCUA Board acts as 
conservator or liquidating agent, by operation of law, it succeeds 
to the legally distinct rights, titles and powers of relevant credit 
unions, which are not subject to the Paperwork Reduction Act).
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    The NCUA's estimates of the average number of respondents, burden, 
and total annual cost appear below. The estimated number of respondents 
is the NCUA's approximation of the average number of requests for 
proposals or inquiries for legal services it processes in any given 
calendar year. The estimated burden is the NCUA's assessment of the 
aggregate time prospective outside counsel will need to respond to the 
information on both the budget form and the representations and 
certifications form. The NCUA estimated the total annual cost by 
multiplying its estimate of the number of respondents (100) by the 
burden (2 hours) and multiplying that total by an estimated national 
average hourly billing rate for attorneys of $284.
    The NCUA requests that you send your comments on this collection to 
the location listed in the addresses section. Your comments should 
address the following subjects: (a) The necessity of the information 
collection for the proper performance of the NCUA, including whether 
the information will have practical utility; (b) the accuracy of the 
NCUA's estimate of the burden (hours and cost) of the collection of 
information, including the validity of the methodology and assumptions 
used; (c) ways the NCUA could enhance the quality, utility, and clarity 
of the information to be collected; and (d) ways the NCUA could 
minimize the burden of the collection of the information on the 
respondents, such as through the use of automated collection techniques 
or other forms of information technology. It is the NCUA's policy to 
make all comments available to the public for review.

II. Data

    Proposal for the following new collection of information:
    OMB Number: 3133--New.
    Form Number: N/A.
    Type of Review: New collection.
    Title: Contractor Budget, Representations, and Certifications.
    Description: Standardized information from prospective outside 
counsel is essential to the NCUA in carrying out its responsibility as 
regulator, conservator, and liquidating agent for federally insured 
credit unions.
    Respondents: Prospective outside legal counsel.
    Estimated Number of Respondents/Recordkeepers: 100.
    Estimated Burden Hours per Response: 2 hours.
    Frequency of Response: Periodically, in response to solicitations.
    Estimated Total Annual Burden Hours: 200.
    Estimated Total Annual Cost: $56,800.

    By the National Credit Union Administration Board on February 
26, 2013.
Mary Rupp,
Secretary of the Board.
[FR Doc. 2013-05558 Filed 3-8-13; 8:45 am]
BILLING CODE 7535-01-P