[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33153-33154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12973]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities; Information Collection 
Renewal; Submission for OMB Review: Notice Regarding Unauthorized 
Access to Customer 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 comment on a continuing information collection, as required 
by the Paperwork Reduction Act of 1995 (PRA).
    Under PRA, Federal agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information.
    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 its information collection 
titled, ``Notice Regarding Unauthorized Access to Customer 
Information.'' The OCC is also giving notice that it has sent the 
collection to OMB for review.

DATES: Comments must be submitted on or before July 3, 2013.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0227, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to [email protected]. 
You may personally inspect and photocopy comments at the OCC, 400 7th 
Street SW., Washington, DC 20219. For security reasons, the OCC 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 649-6700. 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.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not enclose any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0227, U.S. Office of Management and Budget, 725 17th 
Street NW., 10235, Washington, DC 20503, or by email to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: You may request additional information 
of the collection from Johnny Vilela or Mary H. Gottlieb, OCC Clearance 
Officers, (202) 649-5490, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Suite 3E-218, Mail Stop 9W-11, 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 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. Five CFR 1320.5(a)(1)(iv) requires Federal agencies to 
publish a 30-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
of an

[[Page 33154]]

existing collection of information, before submitting the collection to 
OMB for approval. To comply with this requirement, the OCC is 
publishing notice of the proposed collection of information set forth 
in this document.
    The OCC is proposing to extend, with revision, the approval of the 
following information collection:
    Title: Notice Regarding Unauthorized Access to Customer 
Information.
    OMB Control No.: 1557-0227.
    Type of Review: Extension of a currently approved collection.
    Description: Section 501(b) of the Gramm-Leach-Bliley Act (15 
U.S.C. 6801) requires the OCC to establish appropriate standards for 
national banks relating to administrative, technical, and physical 
safeguards: (1) To insure the security and confidentiality of customer 
records and information; (2) to protect against any anticipated threats 
or hazards to the security or integrity of such records; and (3) to 
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 
Standards, 12 CFR Part 30, Appendix B and Part 170, Appendix B 
(collectively, Security Guidelines), implementing section 501(b), 
require each entity supervised by the OCC (supervised institution) to 
consider and adopt a response program, if appropriate, that specifies 
actions to be taken when the supervised institution 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 \1\), 
which interprets the Security Guidelines, states that, at a minimum, a 
supervised institution's response program should contain procedures for 
the following:
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    \1\ 12 CFR Part 30, Appendix B, Supplement A.
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    (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 supervised institution 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 and 
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.
    Affected Public: Individuals; businesses or other for-profit.
    Burden Estimates:
    Estimated Number of Respondents: 344.
    Estimated Number of Responses: 344.
    Estimated Annual Burden: 12,384 hours.
    Frequency of Response: On occasion.
    Comment: The OCC published a 60-day notice in the Federal Register. 
78 FR 15121 (March 8, 2013). No comments were received. Comments 
continue to be 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: May 28, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2013-12973 Filed 5-31-13; 8:45 am]
BILLING CODE 4810-33-P