[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15705-15723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7099]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Parts 4, 10, 11, and 18
Office of the Secretary
31 CFR Part 1
[Docket No. 95-06]
RIN 1557-AA67
Description of Office, Availability and Release of Information,
Contracting Outreach Program; Municipal Securities Dealers; Securities
Exchange Act Disclosure Rules; Disclosure of Financial and Other
Information by National Banks; Disclosure of Records
AGENCY: Office of the Comptroller of the Currency and Office of the
Secretary, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Office of the Comptroller of the Currency (OCC) proposes
to revise its rules that describe the agency [[Page 15706]] and its
rules that govern the availability and release of information. By
clarifying these rules, this proposal will help the banking industry
and the public better interact with the OCC. This proposal also makes
technical and clarifying amendments to the OCC's rules governing
municipal securities dealers, disclosures under the Securities Exchange
Act, and the disclosure of financial and other information by national
banks, and, under delegated authority, to the Department of the
Treasury's rules regarding disclosure of records. This proposal is
another component of the OCC's Regulation Review Program, which is
intended to update and streamline OCC regulations and to reduce
unnecessary regulatory costs and other burdens.
DATES: Comments must be received by May 26, 1995.
ADDRESSES: Comments should be directed to: Communications Division,
Office of the Comptroller of the Currency, 250 E Street, SW.,
Washington, DC 20219, Attention: Docket No. 95-06. Comments will be
available for public inspection and photocopying at the same location.
FOR FURTHER INFORMATION CONTACT: Andrew T. Gutierrez, Attorney,
Legislative and Regulatory Activities Division, (202) 874-5090 (except
with respect to proposed 12 CFR part 4, subpart C); Lester N. Scall,
Senior Attorney, Administrative and Internal Law Division, (202) 874-
4460, or Daniel L. Cooke, Attorney, Legislative and Regulatory
Activities Division, (202) 874-5090 (with respect to proposed 12 CFR
part 4, subpart C).
SUPPLEMENTARY INFORMATION:
Background
The OCC proposes to amend 12 CFR parts 4, 10, 11, and 18, and,
under delegated authority, 31 CFR part 1 as a component of its
Regulation Review Program. One goal of the Regulation Review Program is
to review all of the OCC's rules and to eliminate provisions that do
not contribute significantly to maintaining the safety and soundness of
national banks or to accomplishing the OCC's other statutory
responsibilities. Another goal of the Regulation Review Program is to
improve clarity and to better communicate the standards that the rules
intend to convey. In the case of the current proposal, improved clarity
will promote better and more efficient interaction between the OCC and
the banking industry and the public at large.
Part 4
Subpart A--Description of Office
The OCC proposes to revise the description of the OCC contained in
current Sec. 4.1a and relocate that information to a new subpart A.
Specifically, the proposal provides separate descriptions of the
functions and responsibilities of the OCC generally in Sec. 4.2, the
Comptroller of the Currency in Sec. 4.3, the Washington office in
Sec. 4.4, and the district and field offices in Sec. 4.5. The proposal
eliminates from current Sec. 4.1a all detailed job descriptions of OCC
positions subordinate to the Comptroller of the Currency. These changes
update and clarify the regulation, and eliminate unnecessary
provisions.
The OCC will continue to provide the public with current and
accurate descriptions of the functions of its major departments and
divisions in the OCC's annual report to Congress. The annual report,
required under 12 U.S.C. 14, consists of the four issues of the
Quarterly Journal published each year. The first issue of each year
contains the Comptroller's Report of Operations, which describes in
detail the functions of the major departments and divisions of the OCC.
The OCC believes that the Quarterly Journal is a better source of
current and detailed descriptions of specific departments, divisions,
and officials. Additionally, persons may contact the OCC's
Communications Division for further information concerning the OCC's
organizational structure.
The OCC also proposes to eliminate the information contained in
current Sec. 4.11, which describes the frequency of national bank
examinations and provides a partial list of required national bank
reports. These changes eliminate information that merely repeats
statutory provisions, or is otherwise unnecessary. For a current
description of the frequency of bank examinations, persons may refer to
12 U.S.C. 1820(d), as amended by section 306 of the Riegle Community
Development and Regulatory Improvement Act of 1994, Public Law 103-325,
108 Stat. 2160. For a current listing of required national bank
reports, persons may contact the OCC's Communications Division.
Subpart B--Availability of Information Under the FOIA
In General
The OCC proposes to revise its rules regarding the availability of
information under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
currently found in Secs. 4.13-4.17a, and 4.18(d), and relocate the
rules to a new subpart B, consisting of Secs. 4.11-4.17. This subpart
updates, clarifies, reorganizes, and streamlines the rules to better
communicate to the public the standards, policies, and procedures that
the OCC applies in administering the FOIA. The OCC does not intend this
subpart B to materially affect current OCC standards, policies, or
procedures. Each section in the new subpart B is described below.
Section 4.11--Purpose and Scope
Proposed Sec. 4.11 sets forth the purpose of subpart B--namely, to
describe the standards, policies, and procedures that the OCC applies
in administering the FOIA. This section also sets forth the scope of
subpart B by briefly describing each section in the subpart. This
section explicitly does not apply to a request for records pursuant to
the Privacy Act (5 U.S.C. 552a). A person requesting records from the
OCC pursuant to the Privacy Act should refer to 31 CFR part 1, subpart
C, and appendix J of that subpart.
Section 4.12--Information Available Under the FOIA
Proposed Sec. 4.12 delineates the scope of information that the
FOIA requires the OCC to disclose to the public. This section
clarifies, reorganizes, and streamlines the OCC's rules, but does not
materially affect current OCC standards, policies, or procedures.
Paragraph (a), derived from current Sec. 4.16(a), declares that, in
accordance with the FOIA, all information in the OCC's possession is
available to the public, except the exempt records described in
paragraph (b).
Paragraph (b), derived from current Sec. 4.16(b), describes the
nine types of records that the FOIA exempts from disclosure (see 5
U.S.C. 552(b)). However, paragraph (b)(8) differs somewhat from its
current counterpart, Sec. 4.16(b)(8). Current Sec. 4.16(b)(8), which
describes the FOIA exemption concerning bank supervisory records,
contains language not found in the statute. The additional language in
the current regulation may confuse rather than clarify the FOIA
exemption. Thus, proposed paragraph (b)(8) eliminates, as unnecessary,
this language. This change is clarifying in nature, and merely amends
the OCC's rule to better reflect the statute. This change does not
materially affect current OCC standards, policies, or procedures.
Paragraph (c), added in accordance with 5 U.S.C. 552(c)(1), states
that the OCC may deny the existence of exempt records in certain
circumstances where [[Page 15707]] disclosure of the existence of the
records may interfere with criminal law enforcement proceedings. This
addition clarifies the OCC's rules by properly reflecting an applicable
FOIA provision.
Paragraph (d), derived from current Sec. 4.16(c), states that on a
case-by-case basis, even if a record is exempt under paragraph (b), the
OCC may elect not to apply the exemption to the requested record. The
OCC's discretionary disclosure of an exempt record under this paragraph
does not affect the applicability of an exemption to any other record.
Paragraph (e), derived from current Sec. 4.16(d), explains that the
OCC provides non-exempt portions of a requested record to the extent
that those portions are reasonably segregable from exempt portions.
Section 4.13--Publication in the Federal Register
Proposed Sec. 4.13 sets forth the first of three methods by which
the OCC provides information to the public under the FOIA. This section
clarifies the OCC's rules, but does not materially affect current OCC
standards, policies, or procedures.
This section, derived from current Sec. 4.14(a), lists the types of
information that the OCC publishes in the Federal Register for the
guidance of the public. Generally, the OCC publishes in the Federal
Register proposed and final rules, and certain notices and policy
statements of concern to the general public (such as notices of certain
Federal preemption interpretations, in accordance with 12 U.S.C. 43).
Section 4.14--Public Inspection and Copying
Proposed Sec. 4.14 sets forth the second method by which the OCC
provides information to the public under the FOIA. This section
updates, clarifies, reorganizes, and streamlines the rules, but does
not materially affect current OCC standards, policies, or procedures.
Information covered under this section is readily available to the
public for inspection and copying. Any person seeking this information
may contact the Disclosure Officer in the OCC's Communications Division
at the address specified in paragraph (c) to schedule an appropriate
time to inspect and copy documents.
Paragraph (a) lists the seven types of information that this
section covers. These types of information are: (1) Final orders,
agreements, or other enforceable documents made in the adjudication of
a case (paragraph (a)(1), derived from current Sec. 4.15(a)(1)); (2)
final opinions made in the adjudication of a case (paragraph (a)(2),
derived from current Sec. 4.15(a)(2)); (3) statements of general policy
or interpretations of general applicability not published in the
Federal Register (paragraph (a)(3), derived from current
Sec. 4.15(a)(3)); (4) administrative staff manuals or instructions to
staff that may affect a member of the public (paragraph (a)(4), derived
from current Sec. 4.15(a)(4)); (5) a current index identifying each
document described in paragraphs (a)(1)-(4) that the OCC issued,
adopted, or promulgated after July 4, 1967 (a date set under 5 U.S.C.
552(a)(2)) (paragraph (5), derived from current Sec. 4.15(b)); (6) a
list of OCC publications available (paragraph (a)(6), derived from
current Sec. 4.14(b)); and (7) a list of OCC forms available, and
specific forms and instructions (paragraph (a)(7), derived from current
Sec. 4.13).
Paragraph (a) eliminates several items unnecessarily listed in
current Sec. 4.15(a). Current Sec. 4.15(a)(6)-(9) involves securities
disclosure documents already addressed in other regulations, and
contains outdated references to regulations; and current
Sec. 4.15(a)(10) involves requests for staff no-objection positions and
staff responses. Currently, requesters may obtain these documents upon
specific request. While the new subpart B does not specifically mention
these documents, they, like all OCC records not exempt from the FOIA,
will remain available to the public.
Paragraph (a) also eliminates current Sec. 4.15(a)(11), which
involves transcripts of public hearings. The OCC currently contracts
with a commercial service to produce these documents and provide them
upon request. The OCC refers persons seeking a transcript of a public
hearing to this contractor.
Paragraph (b), derived from current Sec. 4.15(c) explains that the
OCC, to the extent necessary to prevent an invasion of personal
privacy, may redact identifying details from any document described in
paragraph (a) before making the document available for public
inspection and copying. The OCC provides a justification for any
redaction if the basis of that redaction is not evident.
Section 4.15--Specific Requests for Records
Proposed Sec. 4.15 sets forth the third method by which the OCC
provides information to the public under the FOIA. This section
updates, clarifies, reorganizes, and streamlines the rules, but does
not materially affect current OCC standards, policies, or procedures.
Paragraph (a), derived from current Sec. 4.16(a), provides that any
OCC record not exempt from disclosure is available to any person upon
specific request.
Paragraph (b), derived from current Sec. 4.17 (b), (c), and (d)(1),
identifies where a person must submit a request for records or an
administrative appeal of a denial of a request for records. Paragraph
(b)(1) directs a person to submit a request generally to the Disclosure
Officer in the OCC's Communications Division. Paragraph (b)(2) lists a
few exceptions to this general rule. Unlike the current regulation,
paragraph (b)(2) does not include a specific provision relating to the
public sections of Community Reinvestment Act (CRA) evaluations.
Current Sec. 4.17(b)(2)(ii) indicates that these public sections are
available from the CRA Contact in the OCC's Department of Compliance
Management. In the proposed regulation, these public sections are
available from the Disclosure Officer under the general rule in
paragraph (b)(1).
Paragraph (c), derived from current Secs. 4.17 (d)(2), (d)(3), and
(g), and 4.17a(b), describes the required contents of a request for
records, indicates that the OCC's Director of Communications or that
person's designee initially determines whether to grant or deny a
request for records, and explains the procedures that the OCC follows
in granting or denying a request for records.
Paragraph (d), derived from current Secs. 4.17(e) and 4.17a(c),
describes the procedures a requester must follow to appeal a denial of
a request for records, indicates that the Comptroller or the
Comptroller's designee determines whether to grant or deny an appeal,
and explains the procedures that the OCC follows in granting or denying
an appeal.
Paragraph (e)(1), added in accordance with 5 U.S.C. 552(a)(4)(B),
provides that if the OCC denies an appeal, or fails to make an initial
or appellate determination within the time limits set forth in
paragraph (f), the requester may commence action to compel disclosure
in an appropriate United States district court. This addition clarifies
the OCC's current rules by including statutory language that provides
the context of paragraph (e)(2). Paragraph (e)(2), derived from current
Sec. 4.17(f), identifies the OCC's Chief Counsel as the officer on whom
a litigant under paragraph (e)(1) must serve process.
Paragraph (f), derived from current Sec. 4.17a(d), sets forth the
time limits that the OCC must follow in making initial and appellate
determinations under this section. In general, the OCC determines
whether to grant or deny a request for [[Page 15708]] records within
ten business days after the date of receipt of the request, and
determines whether to grant or deny an administrative appeal within 20
business days after the date of receipt of the appeal.
Paragraph (g), derived from current Sec. 4.17a(a), explains how the
OCC determines the date of receipt of a request or appeal for purposes
of the time limits set forth in paragraph (f).
Section 4.16--Predisclosure Notice for Confidential Commercial
Information
Proposed Sec. 4.16, derived from current Sec. 4.18(d), sets forth
predisclosure notice procedures that the OCC follows, in accordance
with Executive Order 12600 (3 CFR, 1987 Comp., p. 235), when the OCC
receives a request under Sec. 4.15 for disclosure of records that
arguably are exempt from disclosure under exemption 4 of the FOIA (5
U.S.C. 552(b)(4); proposed Sec. 4.12(b)(4)) as confidential commercial
information. This section clarifies and reorganizes the rules, but does
not materially affect current OCC standards, policies, or procedures.
Section 4.17--Fees for Services
Proposed Sec. 4.17, derived from current Sec. 4.17(h), describes
the fees that the OCC assesses for the services it renders in providing
information under the FOIA. This section clarifies, reorganizes, and
streamlines the rules, but does not materially affect current OCC
standards, policies, or procedures.
Subpart C--Release of Non-public OCC Information
In General
The OCC proposes to amend and relocate to a new subpart C, current
Secs. 4.18 and 4.19 to clarify the procedures that must be followed by
persons who seek non-public OCC information and to clarify the
restrictions on dissemination of non-public OCC information. Non-public
OCC information, as that term is used in this proposal, is information,
confidential or otherwise, that is not available to the public pursuant
to the FOIA. FOIA specifically exempts from disclosure several
categories of information including records contained in or related to
examination, operating, or condition reports concerning financial
institutions.
In recent years, requests for non-public OCC information,
particularly requests arising from litigation, have increased
substantially. These requests have caused the OCC concerns about burden
and confidentiality. Persons requesting information have sought
confidential OCC records, such as reports of examination and other OCC
summary information, large portions of records and files about specific
banks, and testimonial appearances or interviews of OCC employees or
former employees. The OCC recognizes a public need in individual cases
for certain information, but is concerned that a candid dialogue in the
bank examination and supervision process be maintained. The OCC is
aware that release of non-public OCC information may inhibit open
consultation between banks and the OCC. The OCC, therefore, has
attempted to balance its need to preserve appropriate confidentiality
and the public interest in ensuring effective consultations between
banks and the OCC, on the one hand, and the needs of parties requesting
information from the OCC, on the other hand.
To this end, the proposal provides new detail in defining non-
public OCC information, listing the information requesters must include
in their requests for non-public OCC information, and identifying the
standards the OCC uses to decide requests. The proposal also explains
the OCC procedural response to service of subpoenas on the OCC and its
employees and former employees, restricts the further dissemination of
released information and testimony, and states the fee schedule for
records search, copying, certification, and testimony.
The OCC, as other Federal agencies, has authority, pursuant to the
5 U.S.C. 301, the ``housekeeping'' statute, to prescribe procedures for
the production of agency records, property, and testimony. This
proposal is issued pursuant to 5 U.S.C. 301, which is intended to allow
agencies to control the burdens associated with production of non-
public information. See Moore v. Armour Pharmaceutical Co., 927 F.2d
1194 (11th Cir. 1991). The proposal is also based on 5 U.S.C. 552 and
recent judicial interpretation of the bank examination privilege. See
In Re: Subpoena Served Upon the Comptroller of the Currency, and the
Secretary of the Board of Governors of the Federal Reserve System, 967
F.2d 630, 634 (D.C. Cir. 1992); and Schreiber v. Society for Savings
Bancorp, Inc., 11 F.3d 217 (D.C. Cir. 1993) (describing the type of
information that is privileged and subject to a balancing test). In Re
Subpoena and Schreiber have clarified the responsibilities of Federal
bank regulatory agencies in the discovery process. These cases and
Moore have led the OCC to conclude that it should amend Secs. 4.18 and
4.19.
Courts have upheld the privileged nature of certain types of
information generated in the government's supervision of banks.
Consistent with the In Re Subpoena and Schreiber decisions, this
proposal provides for the OCC's case-by-case determination of privilege
and provides an orderly mechanism for the OCC to assert or waive
privilege. Also consistent with these decisions, the proposal allows
the OCC to reconcile its need to preserve the confidential nature of
its bank examination functions with its responsibility to provide
access to information in appropriate situations. The proposal also is
intended to provide an efficient mechanism for the OCC to release
relevant non-privileged records.
The non-public OCC information covered by this proposal includes
information about failed banks and operating banks. This is consistent
with Congress's view that, even when regulatory information about a
failed bank is used by the FDIC, the privileges available to the bank
regulatory agencies are not intended to be waived. See H.R. Conf. Rep.
No. 222, 101st Cong., 1st Sess. 440-41 (1989), reprinted in 1989
U.S.C.C.A.N. 86, 479-80 (explaining section 11(o) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(o)) as amended by section 909 of
the Financial Institutions Reform, Recovery, and Enforcement Act of
1989, Public Law 101-73, 103 Stat. 183, 477). See also The Housing and
Community Development Act of 1992, Public Law 102-550, 1544, 106 Stat.
3672, 4069.
This proposal is not intended to affect the policies and procedures
the OCC follows in providing information and assistance for criminal
cases and investigations. It also does not change the OCC's policies
for releasing non-public OCC information to other Federal agencies that
require such information in support of their civil investigations and
cases. The proposal is furthermore not intended to supersede
information sharing agreements that the OCC has with other Federal
agencies. However, the OCC anticipates that, under the proposal,
government agencies will use the OCC's procedures as guidance when
seeking non-public OCC information.
Section 4.31--Purpose and Scope
Proposed Sec. 4.31 sets out the purposes and scope of this portion
of part 4. As stated in paragraph (a), the proposal seeks to achieve
several purposes. First, it is intended to provide an orderly mechanism
for the OCC to process requests for non-public information. Second, it
is intended to provide information to requesters while preserving the
confidentiality of the [[Page 15709]] information. Third, it is
intended to ensure that the released information is used in the public
interest. Fourth, it is intended to provide a mechanism for the OCC to
assert evidentiary privileges when necessary. Finally, it is intended
to protect the interests of the OCC in fulfilling its mission, which
includes fostering candid communication between banks and the OCC to
ensure effective supervision.
Paragraph (b) describes the scope of subpart C by specifying the
types of litigation to which subpart C applies and the type of
information covered by the regulation.
Section 4.32--Definitions
Proposed Sec. 4.32 adds new definitions for the following terms:
``compelling need,'' ``complete request,'' ``non-public OCC
information,'' ``showing that the information has high relevance,'' and
``testimony.'' The new definitions should make the rule easier to
interpret and apply.
In particular, the definition of ``non-public OCC information''
clarifies the precise scope of the rule by defining the type of
information to which the rule applies. The OCC intends that the
definition of ``non-public OCC information'' include records generated
by the OCC as well as certain records not generated by the OCC. ``Non-
public OCC information'' includes interviews with OCC employees as well
as employee testimony.
Section 4.33--Requirements for a Request of Records or Testimony
Proposed Sec. 4.33 specifies the information that requesters must
provide to the OCC when seeking non-public OCC information. The OCC
intends this new section to ensure that it will not unnecessarily
compromise the essential confidentiality, and consequently the open
information exchange of the examination and supervisory process.
Paragraph (a) specifies what all requests must contain, the additional
showing the requester must make if a response is sought in less than 60
days, and the additional submissions a requester must make in
adversarial situations.
Paragraph (b) specifies the additional information that a requester
must provide when requesting records.
Paragraph (c) specifies the additional information that a requester
must provide when seeking testimony.
Section 4.34--Where to Submit a Request
Proposed Sec. 4.34(a) specifies that requests for non-public OCC
information, requests for authentication of a record, and notifications
regarding the issuance of subpoenas or other compulsory process must be
addressed to the OCC's Litigation Division in Washington, DC.
Paragraph (b) permits a person who is requesting public OCC
information along with non-public OCC information to submit a combined
request for both to the Litigation Division in Washington, DC. If a
requester decides to submit a combined request under this section, the
OCC will process the combined request under this subpart and not under
subpart B (FOIA).
Section 4.35--Consideration of Requests
Proposed Sec. 4.35 sets out the issues and factors that the OCC
will consider in acting on requests. The OCC intends this new section
to alert requesters to the reasons the OCC could use to deny a request
and to assist requesters in determining whether and how to file a
request. Paragraph (a) lists the bases for denial and states that the
OCC will weigh the requirements prescribed in Sec. 4.33. Paragraph (a)
also provides that the OCC may require a requester to submit additional
information, states that the OCC may independently seek information
from other persons or sources, and prescribes the OCC's normal
processing time.
Paragraph (b) specifies the additional considerations that apply to
requests for testimony.
Paragraph (c) states that the OCC also may respond to certain
requests by authorizing others in possession of the requested records
to release the records.
Section 4.36--Parties With Access to OCC Information; Restriction on
Dissemination
Proposed Sec. 4.36 prohibits persons and entities from
disseminating non-public OCC information without OCC approval. The OCC
intends this section to preserve the confidentiality of non-public OCC
information.
Paragraph (a), which embodies current Sec. 4.18(a), prohibits
current and former OCC employees from disseminating non-public OCC
information. This paragraph also adds a new provision, which states the
OCC's policy of objecting to subpoenas for non-public OCC information
when subpoenas are used in lieu of the request procedures of this
subpart.
Paragraph (b), which embodies some of current Sec. 4.18(c),
prohibits persons who are not current or former OCC employees from
disseminating non-public OCC information. This paragraph applies to any
person in possession of non-public OCC information, including banks and
related individuals and entities. It states the OCC's policy of seeking
the return of non-public OCC information from banks or related
individuals and entities when necessary. This proposal does not retain
the portion of current paragraph Sec. 4.18(c) that states that
examination reports are the property of the OCC. That provision will be
included in revisions of part 7 (proposed Sec. 7.4000, which addresses
books and records of national banks).
Commenters are specifically asked to address whether
``consultants,'' meaning outside professionals who perform services for
a bank, should be included in the list of bank-connected persons who
are eligible to receive OCC examination reports, or portions thereof,
without first obtaining the express approval of the OCC or whether a
bank could seek OCC approval for release to particular categories of
professional advisors, for all or specified portions of the bank's
examination report. Under current Sec. 4.18(c), attorneys, auditors,
and independent auditors are included in the list of persons eligible
to receive reports. Commenters are also asked to address: (1) Whether
release to other professional advisors, if permitted, should be limited
to certain types of advisors, and/or certain portions of the
examination report, and (2) the nature of the confidentiality
undertaking that would be required before any material could be
provided.
Paragraph (c), which embodies current Sec. 4.18(b), preserves the
OCC's current policies and procedures for sharing information with
other government agencies. This proposal deletes the last sentence of
current paragraph 4.18(b), which prohibits persons and other entities
from disclosing OCC non-public information, because it would be
redundant in light of the general prohibition on dissemination of
information stated in Sec. 4.36(b)(1).
Paragraph (d) makes clear that non-public OCC information does not
lose its non-public status when released to a person or entity. The
paragraph states that the possession of non-public OCC information by
any entity or individual is not a waiver of the OCC's right to control
further use or dissemination of information.
Section 4.37--Limitation on Dissemination of Released Information
Proposed Sec. 4.37 permits the OCC to condition release of non-
public OCC information on the issuance of a protective order and the
sealing of transcripts. The OCC intends this new section to enable the
OCC to prevent the further dissemination of the
[[Page 15710]] information. A model stipulation and protective order is
printed at appendix A to this subpart. The section also specifies that
the OCC may authorize the use of the same records or testimony in
another case.
Section 4.38--Procedures for Sharing and Using OCC Records in
Litigation
Proposed section 4.38(a) requires parties to a case to share
released records among litigants. This requirement eliminates the need
for requesters to file duplicative requests.
Paragraph (b) requires all requesters to retrieve released non-
public OCC information from court files and requires all parties to
destroy non-public OCC information covered by a protective order. The
OCC intends these new provisions to ensure the confidentiality of the
information.
Paragraph (c) informs requesting litigants that the OCC will
authenticate its documents for use as evidence.
Section 4.39--Fees for Services
Proposed Sec. 4.39 sets out the fee schedules that apply when the
OCC provides records or authorizes testimony from current or former
employees.
Paragraph (a) addresses fees for document searches, copying, and
certifications, and adopts the standards of subpart B, Sec. 4.17,
concerning document releases under the FOIA. This paragraph also
specifies that the OCC may contract with commercial copiers and
requires requesters to pay the costs of that copying.
Paragraph (b) addresses testimony and adopts the standards of 28
U.S.C. 1821. This paragraph also specifies that, when current OCC
employees testify, the requester must pay the witness fees to the OCC.
Subpart D--Contracting Outreach Program
The OCC proposes to relocate its rules regarding the contracting
outreach program from current subpart C to a new subpart D, and to
renumber them. These changes do not amend or affect in any way the
substance of the rules.
Part 10
The OCC proposes to eliminate forms and instructions from its rules
regarding municipal securities dealers. The Municipal Securities
Rulemaking Board (MSRB) created the forms found in part 10, Forms MSD-4
and MSD-5, to provide for uniform municipal securities dealer filings
among the Federal financial institution supervisory agencies. While
part 10 continues to require certain persons to file Forms MSD-4 and
MSD-5, the OCC considers it unnecessary to incorporate these detailed
forms and instructions into OCC regulations. The OCC also is concerned
that a lag between MSRB revision of a form and appearance of the
revised form in OCC regulations may cause confusion for bank filers.
Moreover, national banks that act as municipal securities dealers do
not copy and enlarge the forms from the OCC's regulations in practice,
contrary to the OCC's expectations at the time it included the forms in
its regulations. Instead, the majority of national bank municipal
securities dealers obtain forms directly from the OCC. Therefore, the
OCC finds it unnecessary to publish the forms in its regulation. The
proposal, however, adds a provision indicating that the OCC's Chief
National Bank Examiner's Office will provide copies of Forms MSD-4 and
MSD-5, with instructions, to any bank that requests them. The OCC also
proposes to make technical amendments to the rules. These changes
clarify the rules, eliminate unnecessary provisions, and help to ensure
that banks are using current forms for their filings.
Part 11
The OCC proposes to make technical amendments to its rules
regarding disclosure under various provisions of the Securities
Exchange Act of 1934 (15 U.S.C. 78l, 78m, 78n, 78p, and 78w). The
proposal updates the reference to the name of the division that
receives filings, and specifies the division that receives requests for
copies of filings, among other minor changes. These changes simply
update and clarify the regulation.
Part 18
The OCC proposes to amend its rules regarding annual financial
disclosures by national banks to conform the OCC's rules to language
adopted in the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (FIRREA), Pub.L. 101-73, 103 Stat. 187, that describes
persons subject to administrative enforcement action by the Federal
banking agencies. Specifically, section 901(b) of FIRREA amended 12
U.S.C. 1811 et seq., by substituting the term ``institution-affiliated
party'' for the terms ``director,'' ``officer,'' ``employee,''
``agent,'' and ``other person participating in the conduct of the
affairs of a bank.'' The term ``institution-affiliated party'' is
defined at 12 U.S.C. 1813(u). The proposal makes similar amendments to
the provision that indicates the parties subject to administrative
action for violations of part 18. The OCC also proposes to make
technical amendments to the regulation. These changes update and
clarify the regulation, and conform the regulation to statutory
language.
31 CFR Part 1
The OCC proposes to amend appendix J of subpart A and appendix J of
subpart C. Subpart A contains the Department of the Treasury's FOIA
rules, and subpart C contains the Department of the Treasury's Privacy
Act rules. The various appendices to subparts A and C contain
standardized information about components of the Department of the
Treasury, including officials and addresses relevant to the
implementation of the FOIA and the Privacy Act. Appendix J in subpart A
and appendix J in subpart B, entitled ``Office of the Comptroller of
the Currency,'' contain information about the OCC.
The Department of the Treasury, at 31 CFR 1.1(d) and 1.20, has
authorized the head of each of its components to substitute the
officials designated and change the addresses specified in the
appendices corresponding to that component. Pursuant to this grant of
authority, the OCC proposes to amend the OCC administrative information
in appendix J of subpart A and appendix J of subpart C. These changes
update regulatory information specific to the OCC.
Derivation Table for 12 CFR Part 4
This table directs readers to the provisions of the current 12 CFR
part 4, if any, on which the revised 12 CFR part 4 is based.
----------------------------------------------------------------------------------------------------------------
Revised provision Current provision Comments
----------------------------------------------------------------------------------------------------------------
Subpart A:
Sec. 4.1.......... Sec. 4.1................................ Significantly modified.
Secs. 4.2-4.5..... Sec. 4.1a............................... Significantly modified.
Subpart B:
Sec. 4.11......... Sec. 4.1................................ Significantly modified.
Sec. 4.12(a)...... Sec. 4.16(a)............................ Modified.
[[Page 15711]]
(b)........... Sec. 4.16(b)............................ Modified.
(c)........... ........................................ Added (see 5 U.S.C. 552(c)(1)).
(d)........... Sec. 4.16(c)............................ Modified.
(e)........... Sec. 4.16(d)............................ Modified.
Sec. 4.13......... Sec. 4.14(a)............................ Significantly modified.
Sec. 4.14(a)(1)-(4 Sec. 4.15(a)(1)-(4)..................... Modified.
).
(a)(5)............ Sec. 4.15(b)............................ Modified.
(a)(6)........ Sec. 4.14(b)............................ Modified.
(a)(7)........ Sec. 4.13............................... Modified.
(b)........... Sec. 4.15(c)............................ Modified.
(c)........... ........................................ Added.
Sec. 4.15(a)...... Sec. 4.16(a)............................ Modified.
(b)........... Sec. 4.17(b), (c), and (d)(1)........... Significantly modified.
(c)........... Secs. 4.17(d)(2), (d)(3), and (g), and Significantly modified.
4.17a(b).
(d)........... Secs. 4.17(e) and 4.17a(c).............. Modified.
(e)(1)........ ........................................ Added (see 5 U.S.C. 552(a)(4)(B)).
(e)(2)........ Sec. 4.17(f)............................ Modified.
(f)........... Sec. 4.17a(d)........................... Modified.
(g)........... Sec. 4.17a(a)........................... Modified.
Sec. 4.16......... Sec. 4.18(d)............................ Modified.
Sec. 4.17......... Sec. 4.17(h)............................ Modified.
Subpart C:
Sec. 4.31......... ........................................ Added.
Sec. 4.32......... ........................................ Added.
Sec. 4.33......... Sec. 4.19............................... Significantly modified.
Sec. 4.34......... ........................................ Added.
Sec. 4.35......... Sec. 4.19............................... Significantly modified.
Sec. 4.36(a)...... Secs. 4.18(a) and 4.19.................. Significantly modified.
(b)........... Secs. 4.18(c) and 7.6025(c)............. Significantly modified.
(c)........... Sec. 4.18(b)............................ Modified.
(d)........... ........................................ Added.
Sec. 4.37......... ........................................ Added.
Sec. 4.38......... ........................................ Added.
Sec. 4.39......... ........................................ Added.
Subpart D:
Secs. 4.61-4.66... Secs. 4.61-4.74......................... Renumbered.
----------------------------------------------------------------------------------------------------------------
Regulatory Flexibility Act
It is hereby certified that this regulation will not have a
significant economic impact on a substantial number of small entities.
Accordingly, a regulatory flexibility analysis is not required. This
regulation is primarily clarifying in nature and has no material impact
on national banks, regardless of size.
Executive Order 12866
The OCC has determined that this proposal is not a significant
regulatory action under Executive Order 12866.
Paperwork Reduction Act
The collections of information contained in this proposed rule have
been submitted to the Office of Management and Budget for review in
accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3504(h)). Comments on the collections of information should be sent to
the Office of Management and Budget, Paperwork Reduction Project (1557-
AA67), Washington, DC 20503, with copies to the Legislative and
Regulatory Activities Division (1557-AA67), Office of the Comptroller
of the Currency, 250 E Street, SW, Washington, DC 20219.
The collections of information in this proposed rule are found in
12 CFR 4.33 and 4.35 through 4.38. The OCC needs this information to
provide a more efficient mechanism for expeditiously processing
requests for non-public information and for testimony. The likely
respondents are businesses and individuals. The estimated annual burden
per respondent varies from two to ten burden hours, depending on
individual circumstances, with an average of 2.6 hours.
Estimated number of respondents: 110
Estimated annual frequency of responses: 2.3
Estimated total annual reporting burden: 646 hours
List of Subjects
12 CFR Part 4
Administrative practice and procedure, Confidential business
information, Freedom of information, National banks, Organization and
functions (Government agencies), Reporting and recordkeeping
requirements, Women and minority businesses.
12 CFR Part 10
National banks, Reporting and recordkeeping requirements,
Securities.
12 CFR Part 11
Confidential business information, National banks, Reporting and
recordkeeping requirements, Securities.
12 CFR Part 18
National banks, Reporting and recordkeeping requirements.
31 CFR Part 1
Confidential business information, Courts, Freedom of information,
Government employees, Privacy.
Authority and Issuance
For the reasons set out in the preamble, chapter I of title 12, and
subtitle A of title 31, of the Code of Federal Regulations are proposed
to be amended as follows:
Comptroller of the Currency
12 CFR Chapter I
1. Part 4 is revised to read as follows: [[Page 15712]]
PART 4--DESCRIPTION OF OFFICE, AVAILABILITY AND RELEASE OF
INFORMATION, CONTRACTING OUTREACH PROGRAM
Subpart A--Description of Office
Sec.
4.1 Purpose.
4.2 Office of the Comptroller of the Currency.
4.3 Comptroller of the Currency.
4.4 Washington office.
4.5 District and field offices.
Subpart B--Availability of Information Under the Freedom of Information
Act
4.11 Purpose and scope.
4.12 Information available under the FOIA.
4.13 Publication in the Federal Register.
4.14 Public inspection and copying.
4.15 Specific requests for records.
4.16 Predisclosure notice for confidential commercial information.
4.17 Fees for services.
Subpart C--Release of Non-Public OCC Information
4.31 Purpose and scope.
4.32 Definitions.
4.33 Requirements for a request of records or testimony.
4.34 Where to submit a request.
4.35 Consideration of requests.
4.36 Persons and entities with access to OCC information;
restriction on dissemination.
4.37 Limitation on dissemination of released information.
4.38 Procedures for sharing and using OCC records in litigation.
4.39 Fees for services.
Appendix A to Subpart C--Model Stipulation for Protective Order and
Model Protective Order
Subpart D--Minority-, Women-, and Individuals With Disabilities--Owned
Business Contracting Outreach Program; Contracting for Goods and
Services
4.61 Purpose.
4.62 Definitions.
4.63 Policy.
4.64 Promotion.
4.65 Certification.
4.66 Oversight and monitoring.
Authority: 12 U.S.C. 93a. Subpart A also issued under 5 U.S.C.
552; Subpart B also issued under 5 U.S.C. 552; E.O. 12600. Subpart C
also issued under 5 U.S.C. 301, 552; 12 U.S.C. 481, 482, 1821(o),
1821(t); 18 U.S.C. 641, 1905, 1906; 31 U.S.C. 9701. Subpart D also
issued under 12 U.S.C. 1833e.
Subpart A--Description of Office
Sec. 4.1 Purpose.
This subpart describes the general purpose and structure of the
Office of the Comptroller of the Currency (OCC), and provides the OCC's
principal addresses.
Sec. 4.2 Office of the Comptroller of the Currency.
The OCC regulates national banks and Federal branches and agencies
of foreign banks generally through its power to examine banks, to
approve or deny applications for new charters or for changes in
corporate or banking structure, to approve or deny activities, to take
supervisory actions against banks, and to issue rules and regulations.
Sec. 4.3 Comptroller of the Currency.
The Comptroller of the Currency (Comptroller), as head of the OCC,
is responsible for all OCC programs and functions. The Comptroller is
appointed by the President, by and with the advice and consent of the
Senate, for a term of five years. The Comptroller serves as a member of
the board of the Federal Deposit Insurance Corporation, a member of the
Federal Financial Institutions Examination Council, and a member of the
board of the Neighborhood Reinvestment Corporation. The Comptroller is
advised and assisted by a policy group and by other OCC employees, who
perform the duties and functions that the Comptroller directs.
Sec. 4.4 Washington office.
The Washington office of the OCC is the main office and
headquarters of the OCC. The Washington office directs OCC policy,
oversees OCC operations, and is responsible for the direct supervision
of certain national banks, including the largest national banks and
other national banks requiring special supervision. The Washington
office is located at 250 E Street, SW, Washington, DC 20219.
Sec. 4.5 District and field offices.
(a) District offices. Each district office of the OCC is
responsible for the direct supervision of the national banks and
Federal branches and agencies of foreign banks in its district, with
the exception of the national banks supervised by the Washington
office. The six district offices cover the United States, Puerto Rico,
the Virgin Islands, Guam, and the Northern Mariana Islands. The office
address and the geographical composition of each district follows:
----------------------------------------------------------------------------------------------------------------
District Office address Geographical composition
----------------------------------------------------------------------------------------------------------------
Northeastern............ Office of the Comptroller of the Currency, Connecticut, Delaware, District of
1114 Avenue of the Americas, Suite 3900, Columbia, Maine, Maryland, Massachusetts,
New York, NY 10036. New Hampshire, New Jersey, New York,
Pennsylvania, Puerto Rico, Rhode Island,
Vermont, Virgin Islands.
Southeastern............ Office of the Comptroller of the Currency, Alabama, Florida, Georgia, Mississippi,
Marquis One Tower, Suite 600, 245 North Carolina, South Carolina,
Peachtree Center Ave., NE, Atlanta, GA Tennessee, Virginia, West Virginia.
30303.
Central................. Office of the Comptroller of the Currency, Illinois, Indiana, Kentucky, Michigan,
One Financial Place, Suite 2700, 440 Ohio, Wisconsin.
South LaSalle Street, Chicago, IL 60605.
Midwestern.............. Office of the Comptroller of the Currency, Iowa, Kansas, Minnesota, Missouri,
2345 Grand Ave., Suite 700, Kansas City, Nebraska, North Dakota, South Dakota.
MO 64108.
Southwestern............ Office of the Comptroller of the Currency, Arkansas, Louisiana, New Mexico, Oklahoma,
1600 Lincoln Plaza, 500 N. Akard Street, Texas.
Dallas, TX 75201.
Western................. Office of the Comptroller of the Currency, Alaska, Arizona, California, Colorado,
50 Fremont Street, Suite 3900, San Guam, Hawaii, Idaho, Montana, Nevada,
Francisco, CA 94105. Northern Mariana Islands, Oregon,
Washington, Wyoming, Utah.
----------------------------------------------------------------------------------------------------------------
[[Page 15713]] (b) Field offices and duty stations. Field offices
and duty stations support bank supervisory responsibilities of the
district offices.
Subpart B--Availability of Information Under the Freedom of
Information Act
Sec. 4.11 Purpose and scope.
(a) Purpose. This subpart sets forth the standards, policies, and
procedures that the OCC applies in administering the Freedom of
Information Act (FOIA) (5 U.S.C. 552).
(b) Scope. (1) This subpart delineates the range of information
that the FOIA requires the OCC to disclose to the public (Sec. 4.12).
This subpart also describes the three methods by which the OCC
discloses information under the FOIA and, where applicable, sets forth
the procedures that a person must follow to obtain that information.
The three methods are:
(i) Publication in the Federal Register (Sec. 4.13);
(ii) Public inspection and copying (Sec. 4.14); and
(iii) Specific requests for records (Sec. 4.15).
(2) This subpart also sets forth predisclosure notice procedures
that the OCC follows, in accordance with Executive Order 12600 (3 CFR,
1987 Comp., p.235), when the OCC receives a request under Sec. 4.15 for
disclosure of records that arguably are exempt from disclosure as
confidential commercial information (Sec. 4.16). Finally, this subpart
describes the fees that the OCC assesses for the services it renders in
providing information under the FOIA (Sec. 4.17).
(3) This subpart does not apply to a request for records pursuant
to the Privacy Act (5 U.S.C. 552a). A person requesting records from
the OCC pursuant to the Privacy Act should refer to 31 CFR part 1,
subpart C and appendix J of subpart C.
Sec. 4.12 Information available under the FOIA.
(a) General. In accordance with the FOIA, OCC records are available
to the public, except the exempt records described in paragraph (b) of
this section.
(b) Exemptions from availability. The following records, or
portions thereof, are exempt from disclosure under the FOIA:
(1) A record that is specifically authorized, under criteria
established by an Executive order, to be kept secret in the interest of
national defense or foreign policy, and that is properly classified
pursuant to that Executive order;
(2) A record relating solely to the internal personnel rules and
practices of an agency;
(3) A record specifically exempted from disclosure by statute
(other than 5 U.S.C. 552b), provided that the statute requires that the
matters be withheld from the public in such a manner as to leave no
discretion on the issue, establishes particular criteria for
withholding, or refers to particular types of matters to be withheld;
(4) A record that is privileged or contains trade secrets and
commercial or financial information, furnished in confidence, that
relates to the business, personal, or financial affairs of any person
(see Sec. 4.16 for notice requirements regarding disclosure of
confidential commercial information);
(5) An intra-agency or interagency memorandum or letter not
routinely available by law to a private party in litigation, including,
but not limited to, memoranda, reports, and other documents prepared by
OCC employees, and records of deliberations and discussions at meetings
of OCC employees;
(6) A personnel, medical, or similar record, including a financial
record, or any portion thereof, where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(7) A record or information compiled for law enforcement purposes,
but only to the extent that the OCC reasonably believes that producing
the record or information may:
(i) Interfere with enforcement proceedings;
(ii) Deprive a person of the right to a fair trial or an impartial
adjudication;
(iii) Constitute an unwarranted invasion of personal privacy;
(iv) Disclose the identity of a confidential source, including a
State, local, or foreign agency or authority, or any private
institution that furnished information on a confidential basis;
(v) Disclose information furnished by a confidential source, in the
case of a record or information compiled by a criminal law enforcement
authority in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation;
(vi) Disclose techniques and procedures for law enforcement
investigations or prosecutions, or disclose guidelines for law
enforcement investigations or prosecutions if such disclosure
reasonably could be expected to risk circumvention of the law; or
(vii) Endanger the life or physical safety of any individual;
(8) A record contained in or related to an examination, operating,
or condition report prepared by, on behalf of, or for the use of the
OCC or any other agency responsible for regulating or supervising
financial institutions; and
(9) A record containing or relating to geological and geophysical
information and data, including maps, concerning wells.
(c) Special exclusion. Whenever a request pursuant to Sec. 4.15
involves records described in paragraph (b)(7)(i) of this section, the
OCC may treat the records as not subject to the requirements of this
subpart if, but only for as long as, the following conditions exist:
(1) The investigation or proceeding involves a possible violation
of criminal law; and
(2) The OCC has reason to believe that:
(i) The subject of the investigation or proceeding is not aware of
its pendency; and
(ii) Disclosure of the existence of the records may interfere with
enforcement proceedings.
(d) Discretionary disclosure of exempt records. Even if a record is
exempt under paragraph (b) of this section, the OCC may elect, on a
case-by-case basis, not to apply the exemption to the requested record.
The OCC's election not to apply an exemption to a requested record
under this paragraph (d) has no precedential significance as to the
application or nonapplication of the exemption to any other requested
record, regardless of who requests the record or when the OCC receives
the request.
(e) Segregability. The OCC provides copies of reasonably segregable
portions of a record to any person properly requesting the record
pursuant to Sec. 4.15, after redacting any portion that is exempt under
paragraph (b) of this section.
Sec. 4.13 Publication in the Federal Register.
The OCC generally publishes in the Federal Register certain
documents for the guidance of the public, including the following:
(a) Proposed and final rules; and
(b) Certain notices and policy statements of concern to the general
public.
Sec. 4.14 Public inspection and copying.
(a) Available information. Subject to the exemptions listed in
Sec. 4.12(b), the OCC makes the following information readily available
for public inspection and copying:
(1) Any final order, agreement, or other enforceable document made
in the adjudication of a case, including a final order published
pursuant to 12 U.S.C. 1818(u); [[Page 15714]]
(2) Any final opinion made in the adjudication of a case;
(3) Any statement of general policy or interpretation of general
applicability not published in the Federal Register;
(4) Any administrative staff manual or instruction to staff that
may affect a member of the public;
(5) A current index identifying the information referred to in
paragraphs (a)(1) through (a)(4) of this section issued, adopted, or
promulgated after July 4, 1967;
(6) A list of available OCC publications; and
(7) A list of available OCC forms, and specific forms and
instructions.
(b) Redaction of identifying details. To the extent necessary to
prevent an invasion of personal privacy, the OCC may redact identifying
details from any information described in paragraph (a) of this section
before making the information available for public inspection and
copying.
(c) Address. The information described in paragraph (a) of this
section is available from the Disclosure Officer, Communications
Division, Office of the Comptroller of the Currency, 250 E Street, SW,
Washington, DC 20219.
Sec. 4.15 Specific requests for records.
(a) Available information. Subject to the exemptions described in
Sec. 4.12(b), any OCC record is available to any person upon specific
request in accordance with this section.
(b) Where to submit request or appeal--(1) General. Except as
provided in paragraph (b)(2) of this section, a person requesting a
record or filing an administrative appeal under this section must
submit the request or appeal to the Disclosure Officer, Communications
Division, Office of the Comptroller of the Currency, 250 E Street, SW,
Washington, DC 20219.
(2) Exceptions--(i) District office records. A person requesting
the public portion of any filing or application described in part 5 of
this chapter must submit the request to the OCC's Deputy Comptroller of
the appropriate district office at the address listed in Sec. 4.5(a).
(ii) Records at the Federal Deposit Insurance Corporation. A person
requesting any of the following records, other than blank forms, must
submit the request to the Federal Deposit Insurance Corporation, 550-
17th Street, N.W., Washington, DC 20429:
(A) Consolidated Report of Condition and Income;
(B) Annual Report of Trust Assets;
(C) Uniform Bank Performance Report; and
(D) Special Report.
(iii) Records of another agency. When the OCC receives a request
for records in its possession that another Federal agency either
generated or provided to the OCC, the OCC promptly informs the
requester and immediately forwards the request to that agency for
processing in accordance with that agency's regulations.
(c) Request for records--(1) Content of request for records. A
person requesting records under this section must state, in writing:
(i) The requester's full name, address, and telephone number;
(ii) A reasonable description of the records sought (including
sufficient detail to enable OCC employees who are familiar with the
subject matter of the request to locate the records with a reasonable
amount of effort);
(iii) A statement agreeing to pay all fees that the OCC assesses
under Sec. 4.17;
(iv) A description of how the requester intends to use the records,
if a requester seeks placement in a lower fee category (i.e., a fee
category other than ``commercial use requester'') under Sec. 4.17; and
(v) Whether the requester prefers the OCC to deliver a copy of the
records or to allow the requester to inspect the records at the
appropriate OCC office.
(2) Initial determination. (i) The OCC's Director of Communications
or that person's designee initially determines whether to grant a
request for records that are covered under paragraph (b)(1) of this
section.
(ii) The Deputy Comptroller for the appropriate district office or
that person's designee initially determines whether to grant a request
for records that are covered under paragraph (b)(2)(i) of this section.
(3) If request is granted. If the OCC grants a request for records,
in whole or in part, the OCC promptly discloses the records in one of
two ways, depending on the requester's stated preference:
(i) The OCC may deliver a copy of the records to the requester. If
the OCC delivers a copy of the records to the requester, the OCC
duplicates the records at reasonable and proper times that do not
interfere with their use by the OCC or preclude other persons from
making inspections; or
(ii) The OCC may allow the requester to inspect the records at
reasonable and proper times that do not interfere with their use by the
OCC or preclude other persons from making inspections. If the OCC
allows the requester to inspect the records, the OCC may place a
reasonable limit on the number of records that a person may inspect
during a day.
(4) If request is denied. If the OCC denies a request for records,
in whole or in part, the OCC notifies the requester by mail. The
notification is dated and contains a brief statement of the reasons for
the denial, sets forth the name and title or position of the official
making the decision, and advises the requester of the right to an
administrative appeal in accordance with paragraph (d) of this section.
(d) Administrative appeal of a denial--(1) Procedure. A requester
must submit an administrative appeal of denial of a request for records
in writing within 35 days of the date of the initial determination. The
appeal must include the circumstances and arguments supporting
disclosure of the requested records.
(2) Appellate determination. The Comptroller or the Comptroller's
designee determines whether to grant an appeal of a denial of a request
for OCC records.
(3) If appeal is granted. If the OCC grants an appeal, in whole or
in part, the OCC treats the request as if it were originally granted,
in whole or in part, by the OCC in accordance with paragraph (c)(3) of
this section.
(4) If appeal is denied. If the OCC denies an appeal, in whole or
in part, the OCC notifies the requester by mail. The notification
contains a brief statement of the reasons for the denial, sets forth
the name and title or position of the official making the decision, and
advises the requester of the right to judicial review of the denial
under 5 U.S.C. 552(a)(4)(B).
(e) Judicial review--(1) General. If the OCC denies an appeal
pursuant to paragraph (d) of this section, or if the OCC fails to make
a determination within the time limits specified in paragraph (f) of
this section, the requester may commence an action to compel disclosure
of records, pursuant to 5 U.S.C. 552(a)(4)(B), in the United States
district court in:
(i) The district where the requester resides;
(ii) The district where the requester's principal place of business
is located;
(iii) The district where the records are located; or
(iv) The District of Columbia.
(2) Service of process. In commencing an action described in
paragraph (e)(1) of this section, the requester, in addition to
complying with the Federal Rules of Civil Procedure for service upon
the United States or agencies thereof, must serve process on the Chief
Counsel, Office of the Comptroller of the Currency, 250 E Street, SW,
Washington, DC 20219.
(f) Time limits--(1) Request. The OCC makes an initial
determination to grant or deny a request for records within ten
[[Page 15715]] business days after the date of receipt of the request,
as described in paragraph (g) of this section, except as stated in
paragraph (f)(3) of this section.
(2) Appeal. The OCC makes a determination to grant or deny an
administrative appeal within 20 business days after the date of receipt
of the appeal, as described in paragraph (g) of this section, except as
stated in paragraph (f)(3) of this section.
(3) Extension of time. The time limits set forth in paragraphs
(f)(1) and (2) of this section may be extended as follows:
(i) In unusual circumstances. The OCC may extend the time limits in
unusual circumstances for a maximum of ten business days. If the OCC
extends the time limits, the OCC provides written notice to the person
making the request or appeal, containing the reason for the extension
and the date on which the OCC expects to make a determination. Unusual
circumstances exist when the OCC requires additional time to:
(A) Search for and collect the requested records from field
facilities or other buildings that are separate from the office
processing the request or appeal;
(B) Search for, collect, and appropriately examine a voluminous
amount of requested records;
(C) Consult with another agency that has a substantial interest in
the determination of the request; or
(D) Allow two or more components of the OCC that have substantial
interest in the determination of the request to consult with each
other;
(ii) By agreement. A requester may agree to extend the time limits
for any amount of time; or
(iii) By judicial action. If a requester commences an action
pursuant to paragraph (e) of this section for failure to comply with
the time limits set forth in this paragraph (f), the court with
jurisdiction may, pursuant to 5 U.S.C. 552(a)(6)(C), allow the OCC
additional time to complete the review of the records requested.
(g) Date of receipt of request or appeal--(1) Request. The date of
receipt of a request for records is the date that the appropriate OCC
office, as indicated in paragraphs (b)(1) and (b)(2)(i) of this
section, receives a request that satisfies the requirements of
paragraph (c)(1) of this section, except as provided in Sec. 4.17(d).
(2) Appeal. The date of receipt of an appeal is the date that the
OCC office identified in paragraph (b)(1) of this section receives a
request that satisfies the requirements of paragraph (d)(1) of this
section, except as provided in Sec. 4.17(d).
Sec. 4.16 Predisclosure notice for confidential commercial
information.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Confidential commercial information means records that arguably
contain material exempt from release under Exemption 4 of the FOIA (5
U.S.C. 552(b)(4); Sec. 4.12(b)(4)), because disclosure reasonably could
cause substantial competitive harm to the submitter.
(2) Submitter means any person or entity that provides confidential
commercial information to the OCC. This term includes, but is not
limited to, corporations, State governments, foreign governments, and
banks and their employees, officers, directors, and principal
shareholders.
(b) Notice to submitter--(1) When provided. In accordance with
Executive Order 12600 (3 CFR, 1987 Comp., p.235), when the OCC receives
a request under Sec. 4.15 for disclosure of confidential commercial
information, the OCC provides a submitter with prompt written notice of
the receipt of that request, except as provided in paragraph (b)(2) of
this section, in the following circumstances:
(i) With respect to confidential commercial information submitted
to the OCC prior to January 1, 1988, where:
(A) The records are less than ten years old and the submitter
designated the information as confidential commercial information;
(B) The OCC reasonably believes that disclosure of the information
may cause substantial competitive harm to the submitter; or
(C) The information is subject to a prior express OCC commitment of
confidentiality; or
(ii) With respect to confidential commercial information submitted
to the OCC on or after January 1, 1988, where:
(A) The submitter in good faith designated the information as
confidential commercial information;
(B) The OCC designated the class of information to which the
requested information belongs as confidential commercial information;
or
(C) The OCC reasonably believes that disclosure of the information
may cause substantial competitive harm to the submitter.
(2) Exceptions. The OCC does not provide notice under paragraph
(b)(1) of this section if the OCC determines that:
(i) It will not disclose the information;
(ii) The information already has been disclosed officially to the
public;
(iii) The OCC is required by law (other than 5 U.S.C. 552) to
disclose the information;
(iv) The OCC acquired the information in the course of a lawful
investigation of a possible violation of criminal law;
(v) The submitter did not designate the requested information as
confidential commercial information under paragraph (b)(1)(ii)(A) of
this section, if the submitter had an opportunity to do so at the time
of submission of the information or a reasonable time thereafter,
unless the OCC has substantial reason to believe that disclosure of the
information would result in competitive harm; or
(vi) The OCC determines that the submitter's designation under
paragraph (b)(1)(ii)(A) of this section appears obviously frivolous;
however, the OCC provides the submitter with written notice of any
final administrative determination to disclose the information, at
least ten business days prior to the date that the OCC intends to
disclose the information.
(3) Content of notice. The OCC either describes in the notice the
exact nature of the confidential commercial information requested or
includes with the notice copies of the records or portions of records
containing that information.
(4) Expiration of notice period. The OCC provides notice under this
paragraph (b) with respect to information that the submitter designated
under paragraph (b)(1)(ii)(A) of this section only for a period of ten
years after the date of the submitter's designation, unless the
submitter requests and justifies to the OCC's satisfaction a specific
notice period of greater duration.
(5) Certification of confidentiality. If possible, the submitter
should support the claim of confidentiality with a statement or
certification (by an officer or authorized representative, for an
entity), that the requested information is confidential commercial
information that the submitter has not disclosed to the public.
(c) Notice to requester. If the OCC provides notice to a submitter
under paragraph (b) of this section, the OCC notifies the person
requesting confidential commercial information (requester) that it has
provided notice to the submitter. The OCC also advises the requester
that there is a delay in its decision of whether to grant or deny
access to the information sought, that this delay may be considered a
denial of access to the information, and that the requester may proceed
with an administrative appeal or seek judicial review. However, the
requester may agree to a voluntary extension of time to allow the OCC
to review the submitter's [[Page 15716]] objection to disclosure (see
Sec. 4.15(f)(3)(ii)).
(d) Opportunity to object to disclosure. Within ten days after
receiving notice under paragraph (b) of this section, the submitter may
provide the OCC with a detailed statement of objection to disclosure of
the information. That statement must specify the grounds for
withholding any of the information under any exemption of the FOIA. Any
statement that the submitter provides under this paragraph (d) may be
subject to disclosure under the FOIA.
(e) Notice of intent to disclose. The OCC considers carefully a
submitter's objection and specific grounds for nondisclosure prior to
determining whether to disclose the requested information. If the OCC
decides to disclose information over the objection of the submitter,
the OCC provides to the submitter, with a copy to the requester, a
written notice that includes:
(1) A statement of the OCC's reasons for not sustaining the
submitter's objections to disclosure;
(2) A description of the information to be disclosed;
(3) The anticipated disclosure date (specifically, ten business
days after the OCC mails the written notice required under this
paragraph (e)); and
(4) A statement that the submitter must notify the OCC immediately
if the submitter intends to seek injunctive relief.
(f) Notice of requester's lawsuit. Whenever the OCC receives
service of process indicating that a requester has brought suit seeking
to compel the OCC to disclose information covered by paragraph (b)(1)
of this section, the OCC promptly notifies the submitter.
Sec. 4.17 Fees for services.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Actual costs means those expenditures that the OCC incurs in
providing services (including searching for, reviewing, and duplicating
records) in response to a request for records under Sec. 4.15.
(2) Search means the process of locating a record in response to a
request, including page-by-page or line-by-line identification of
material within a record. The OCC may perform a search manually or by
electronic means.
(3) Review means the process of examining a record located in
response to a request to determine which portions of that record should
be released. It also includes processing a record for disclosure.
(4) Duplication means the process of copying a record in response
to a request. A copy may take the form of a paper copy, microform,
audiovisual materials, or machine readable material (e.g., magnetic
tape or disk), among others.
(5) Commercial use requester means a person who seeks records for a
use or purpose that furthers the commercial, trade, or profit interests
of the requester or the person on whose behalf the request is made.
(6) Educational institution requester means a person who seeks
records on behalf of a public or private educational institution,
including a preschool, an elementary or secondary school, an
institution of undergraduate or graduate higher education, an
institution of professional education, or an institution of vocational
education that operates a program of scholarly research.
(7) Noncommercial scientific institution requester means a person
who is not a ``commercial use requester,'' as that term is defined in
paragraph (a)(5) of this section, and who seeks records on behalf of an
institution operated solely for the purpose of conducting scientific
research, the results of which are not intended to promote any
particular product or industry.
(8) Requester who is a representative of the news media means a
person who seeks records for the purpose of gathering news (i.e.,
information about current events or of current interest to the public)
on behalf of, or a free-lance journalist who reasonably expects to have
his or her work product published or broadcast by, an entity organized
and operated to publish or broadcast news to the public.
(b) Fees--(1) General. The hourly and per page rate that the OCC
generally charges requesters is set forth in the ``Notice of
Comptroller of the Currency Fees'' (Notice) described in Sec. 8.8 of
this chapter. Any interested person may request a copy of the Notice
from the OCC by mail or may obtain a copy at the location described in
Sec. 4.14(c). The OCC may contract with a commercial service to search
for, duplicate, or disseminate records, provided that the OCC
determines that the fee assessed upon a requester is no greater than if
the OCC performed the tasks itself. In no case may the OCC contract out
responsibilities that the FOIA provides that the OCC alone may
discharge, such as determining the applicability of an exemption or
whether to waive or reduce a fee.
(2) Fee categories. The OCC assesses a fee based on the fee
category in which the OCC places the requester. If the request states
how the requester intends to use the requested records (see
Sec. 4.15(c)(1)(iv)), the OCC may place the requester in a lower fee
category; otherwise, the OCC categorizes the requester as a
``commercial use requester.'' If the OCC reasonably doubts the
requester's stated intended use, or if that use is not clear from the
request, the OCC may place the requester in the ``commercial use''
category or may seek additional clarification. The fee categories are
as follows:
(i) Commercial use requesters. The OCC assesses a fee for a
requester in this category for the actual cost of search, review, and
duplication. A requester in this category does not receive any free
search, review, or duplication services.
(ii) Educational institution requesters, noncommercial scientific
institution requesters, and requesters who are representatives of the
news media. The OCC assesses a fee for a requester in this category for
the actual cost of duplication. A requester in this category receives
100 free pages.
(iii) All other requesters. The OCC assesses a fee for a requester
who does not fit into either of the above categories for the actual
cost of search and duplication. A requester in this category receives
100 free pages and two hours of free search time.
(3) Special services. The OCC may comply with a request for special
services. The OCC may recover the actual cost of providing any special
services.
(4) Waiving or reducing a fee. The OCC may waive or reduce a fee
under this section whenever, in its opinion, disclosure of records is
in the public interest because the disclosure:
(i) Is likely to contribute significantly to public understanding
of the operations or activities of the government; and
(ii) Is not primarily in the commercial interest of the requester.
(5) Fee for unsuccessful search. The OCC may assess a fee for time
spent searching for records, even if the OCC does not locate the
records requested.
(c) Payment of fees.--(1) General. The OCC generally assesses a fee
when it delivers the records in response to the request, if any. A
requesters must send payment within 30 calendar days of the billing
date to the Communications Division, Office of the Comptroller of the
Currency, 250 E Street, SW, Washington, DC 20219.
(2) Fee likely to exceed $25. If the OCC estimates that a fee is
likely to exceed $25, the OCC notifies the requester of the estimated
fee, unless the requester has indicated in advance a willingness to pay
a fee as high as that anticipated. If so notified by the OCC,
[[Page 15717]] the requester may confer with OCC employees to revise
the request to reflect a lower fee.
(3) Fee likely to exceed $250. If the OCC estimates that a fee is
likely to exceed $250, the OCC notifies the requester of the estimated
fee. In this circumstance, the OCC may require, as a condition to
processing the request, that the requester:
(i) Provide satisfactory assurance of full payment, if the
requester has a history of prompt payment; or
(ii) Pay the estimated fee in full, if the requester does not have
a history of prompt payment.
(4) Failure to pay a fee. If the requester fails to pay a fee
within 30 days of the date of the billing, the OCC may require, as a
condition to processing any further request, that the requester pay any
unpaid fee, plus interest (as provided in paragraph (c)(5) of this
section), and any estimated fee in full for that further request.
(5) Interest on unpaid fee. The OCC may assess interest charges on
an unpaid fee beginning on the 31st day following the billing date. The
OCC charges interest at the rate prescribed in 31 U.S.C. 3717.
(d) Tolling of time limits. Under the circumstances described in
paragraphs (c)(2), (3), and (4) of this section, the time limits set
forth in Sec. 4.15(f) (i.e., ten business days from the receipt of a
request for records and 20 business days from the receipt of an
administrative appeal, plus any permissible extension) begin only after
the OCC receives a revised request (if any), under paragraph (c)(2) of
this section, an assurance of payment under paragraph (c)(3)(i) of this
section, or the required payments under paragraph (c)(3)(i) or (c)(4)
of this section.
(e) Aggregating requests. When the OCC reasonably believes that a
requester or group of requesters is attempting to break a request into
a series of requests for the purpose of evading the assessment of a
fee, the OCC may aggregate the requests and assess a fee accordingly.
Subpart C--Release of Non-Public OCC Information
Sec. 4.31 Purpose and scope.
(a) Purpose. The purposes of this subpart are to:
(1) Afford an orderly mechanism for the OCC to process
expeditiously requests for non-public OCC information, and, when
appropriate, for the OCC to assert evidentiary privileges in
litigation;
(2) Balance the public's interest in obtaining access to relevant
and necessary information with the countervailing public interest of
maintaining the effectiveness of the OCC supervisory process and the
confidentiality of OCC supervisory information;
(3) Ensure that the OCC's information is used in a manner that
supports the public interest and the interests of the OCC;
(4) Ensure that OCC resources are used in the most efficient manner
consistent with the OCC's statutory mission;
(5) Prevent undue burden on the OCC;
(6) Limit the expenditure of government resources for private
purposes; and
(7) Maintain the OCC's impartiality among private litigants.
(b) Scope. (1) This subpart applies to requests for, and
dissemination of, non-public OCC information, including requests for
records or testimony arising out of civil lawsuits and administrative
proceedings to which the OCC is not a party. Lawsuits and
administrative proceedings to which the OCC is not a party include
proceedings in which a Federal agency is a party in opposition to the
private requester.
(2) This subpart does not apply to:
(i) A request for a record or testimony in a proceeding in which
the OCC is a party;
(ii) A request for a record that is required to be disclosed under
the Freedom of Information Act (FOIA) (5 U.S.C. 552), as described in
Sec. 4.12; or
(iii) A request for a record or testimony by:
(A) An agency with authority to investigate violations of criminal
law; or
(B) A Federal agency for use in civil or administrative enforcement
proceedings.
Sec. 4.32 Definitions.
(a) Compelling need means that the requester has demonstrated, with
as much detail as is necessary under the circumstances, that the
requested information could contribute substantially to the resolution
of one or more specifically identified issues in the case and that the
relevant material contained in the testimony is not available from any
other source. Sources, without limitation, include the books and
records of other persons or entities and non-public OCC records that
have been, or might be, released.
(b) Complete request means a request containing sufficient
information to allow the OCC to make an informed decision.
(c) Showing that the information has high relevance means
demonstrating, with as much detail as is necessary under the
circumstances, that the requested information could contribute
substantially to the resolution of one or more specifically identified
issues in the case.
(d) Non-public OCC information means information that the OCC is
not required to release under the FOIA (5 U.S.C. 552) or that the OCC
has not yet published or made available pursuant to 12 U.S.C. 1818(u)
and includes:
(1) A record created or obtained by the OCC in connection with the
OCC's performance of its responsibilities, such as a record concerning
supervision, licensing, regulation, and examination of a national bank,
a bank holding company, or an affiliate;
(2) A record compiled by the OCC in connection with the OCC's
enforcement responsibilities;
(3) A report of examination, supervisory correspondence, an
investigatory file compiled by the OCC in connection with an
investigation, and any internal agency memorandum, whether the
information is in the possession of the OCC or some other individual or
entity;
(4) Confidential OCC information obtained by a third party or
otherwise incorporated in the records of a third party, including
another government agency;
(5) Testimony from, or an interview with, a current or former OCC
employee, officer, or agent concerning information acquired by that
person in the course of his or her performance of official duties or
due to that person's official status; and
(6) Confidential information relating to no longer operating
national banks, their subsidiaries and affiliates, as well as
confidential information relating to operating national banks, their
subsidiaries and affiliates.
(e) Testimony means an interview or sworn testimony on the record.
Sec. 4.33 Requirements for a request of records or testimony.
(a) Generally.--(1) Form of request. A person seeking non-public
OCC information must submit a request in writing to the OCC. The
requester must explain, in as detailed a description as is necessary
under the circumstances, the bases for the request and how the
requested non-public OCC information relates to the issues in the
lawsuit or matter.
(2) Expedited requests. A requester seeking a response in less than
60 days must explain why the request was not submitted earlier and why
the OCC should expedite the request.
(3) Requests arising from adversarial matters. Where the requested
[[Page 15718]] information is to be used in connection with an
adversarial matter:
(i) The OCC generally will require that the lawsuit or
administrative action has been filed before it will consider the
request;
(ii) The request must include:
(A) A copy of the complaint or other pleading setting forth the
assertions in the case;
(B) The caption and docket number of the case;
(C) The name, address, and phone number of counsel to each party in
the case; and
(D) A description of any prior judicial decisions or pending
motions in the case that may bear on the asserted relevance of the
requested information;
(iii) The request must address any potential privileges the OCC may
assert to withhold the information by:
(A) Showing that the information has high relevance to the purpose
for which it is sought;
(B) Showing that other evidence reasonably suited to the
requester's needs is not available from any other source;
(C) Showing that the need for the information clearly outweighs any
public interest considerations in maintaining the confidentiality of
the OCC information and outweighs the burden on the OCC to produce the
information;
(D) Explaining how the issues in the case and the status of the
case warrant that the OCC waive privilege; and
(E) Identifying any other issue that may bear on the question of
waiver of privilege by the OCC.
(b) Requests for records. If the request is for a record, the
requester must adequately describe the record or records sought by type
and date.
(c) Requests for testimony.--(1) Generally. A requester seeking
testimony:
(i) Must show a compelling need for the requested information; and
(ii) Should request OCC testimony with sufficient time to obtain
the testimony in deposition form.
(2) Trial or hearing testimony. A requester seeking testimony at a
trial or hearing must show that a deposition would not suffice.
Sec. 4.34 Where to submit a request.
(a) A request for non-public OCC information: A person requesting
information under this subpart, requesting authentication of a record
under Sec. 4.38(c), or submitting a notification of the issuance of a
subpoena or compulsory process under Sec. 4.36, must send the request
or notification to: Office of the Comptroller of the Currency, 250 E
Street, SW, Washington, DC 20219, Attention: Director, Litigation
Division.
(b) Combined requests for non-public and other OCC information: A
person requesting public OCC information and non-public OCC information
under this subpart may submit a combined request for both to the
address in paragraph (a) of this section. If a requester decides to
submit a combined request under this section, the OCC will process the
combined request under this subpart and not under subpart B of this
part (FOIA).
Sec. 4.35 Consideration of requests.
(a) In general--(1) OCC discretion. The OCC decides whether to
release non-public OCC information based on its weighing of all
appropriate factors including, but not limited to, the requestor's
fulfilling of the requirements enumerated in Sec. 4.33. Each decision
is at the sole discretion of the Comptroller or the Comptroller's
delegate and is a final agency decision.
(2) Bases for denial. The OCC may deny a request for non-public OCC
information for reasons that include, but are not limited to, the
following:
(i) The requester was unsuccessful in showing that the information
has high relevance to the purpose for which it is sought;
(ii) The requester seeks testimony and the requestor did not show a
compelling need for the information;
(iii) The request arises from an adversarial matter and other
evidence reasonably suited to the requester's need is available from
another source;
(iv) The request for information should not be granted based on
reasons stated in the Federal Rules of Civil Procedure, including Rule
26(b) (28 U.S.C. appendix);
(v) A lawsuit or administrative action has not yet been filed and
the request was made in connection with potential litigation; or
(vi) The production of the information would be contrary to the
public interest or overly burdensome to the OCC.
(3) Additional information. A requester must submit a complete
request. The OCC may require the requester to provide additional
information to complete a request. Consistent with the purposes stated
in Sec. 4.31, the OCC may inquire into the circumstances of any case
underlying the request and rely on sources of information other than
the requester, including other parties.
(4) Time required by the OCC to decide. The OCC generally will
process requests in the order in which they are received. The OCC will
notify the requester in writing of the final decision. Absent exigent
or unusual circumstances, the OCC will respond to a request within 60
days from the date that the OCC receives a request that it deems a
complete request. Consistent with Sec. 4.33(a)(2), the OCC weighs a
request to respond to a request for information in less than 60 days
against the unfairness to other requesters whose pending requests may
be delayed and the burden imposed on the OCC by the expedited
processing.
(b) Testimony. (1) The OCC generally will not authorize a current
OCC employee to provide expert or opinion evidence for a private party.
(2) The OCC may restrict the scope of any authorized testimony and
may act to ensure that the scope of testimony given by the OCC employee
adheres to the scope authorized by the OCC.
(3) Once a request for testimony has been submitted, and before the
requested testimony occurs, a party to the relevant case, who did not
join in the request and who wishes to question the witness beyond the
scope of testimony sought by the request, must timely submit the
party's own request for OCC information pursuant to this subpart.
(4) The OCC may offer the requester the employee's written
declaration in lieu of testimony.
(c) Release of non-public OCC information by others. In appropriate
cases, the OCC may respond to a request for information by authorizing
a party to the case who is in possession of non-public OCC information
to release the information to the requester. An OCC authorization to
release records does not preclude the party in possession from
asserting its own privilege, arguing that the records are not relevant,
or asserting any other argument for which it has standing to protect
the records from release.
Sec. 4.36 Persons and entities with access to OCC information;
restriction on dissemination.
(a) OCC employees or former employees--(1) Generally. Except as
authorized by this subpart or otherwise by the OCC, no OCC employee or
former employee may, in any manner, disclose or permit the disclosure
of any non-public OCC information, whether by giving the information or
a copy thereof to any person, by allowing any person to inspect,
examine, or copy the information or copy thereof, or otherwise, to
anyone other than an employee of the Comptroller who is entitled to the
information for the performance of OCC duties. [[Page 15719]]
(2) Duty of person served. Any OCC employee or former employee
subpoenaed or otherwise requested to provide information covered by
this subpart must immediately notify the OCC's Litigation Division. The
OCC will attempt to have the compulsory process withdrawn and may
register appropriate objections when an employee or former employee
receives a subpoena, the subpoena requires the employee or former
employee to appear or produce OCC information, and no authorization
pursuant to this subpart has been given by the OCC to appear or provide
information. If necessary, the employee or former employee shall appear
as required and respectfully decline to produce the information sought
citing this subpart C and United States ex rel. Touhy v. Ragen, 340
U.S. 462 (1951).
(b) Non-OCC employees or entities. (1) No person or other entity
may, without OCC approval, in any manner, disclose information covered
by this subpart, whether by giving the information or a copy thereof to
any person, by allowing any person to inspect, examine, or copy the
information or a copy thereof, or otherwise.
(2) Except pursuant to a final decision rendered in accordance with
Sec. 4.35(a)(1), a national bank or holding company, or any director,
officer, or employee thereof, may not, under any circumstances, make
public or disclose in any manner non-public OCC information, including
information contained in, or related to, OCC reports of examination, to
any person or organization not officially connected with the bank as
officer, director, employee, attorney, auditor, or independent auditor.
(3) Any person who discloses or uses non-public OCC information
except as expressly permitted by the Comptroller of the Currency may be
subject to the penalties provided in 18 U.S.C. 641.
(4) The OCC may require any person in possession of OCC records to
return the records to the OCC.
(c) Disclosure to government agencies. When not prohibited by law,
the Comptroller may make available to the Board of Governors of the
Federal Reserve System, to the Federal Deposit Insurance Corporation,
and, in the Comptroller's sole discretion, to certain other government
agencies of the United States and foreign governments, a copy of a
report of examination or other non-public OCC information for their
use, when necessary, in the performance of their official duties. All
reports, documents, and papers made available pursuant to this subpart
are OCC property.
(d) Intention of OCC not to waive rights. The possession by any of
the entities or individuals described in paragraphs (a), (b), and (c)
of this section of non-public OCC information does not constitute a
waiver by the OCC of its right to control, or impose limitations on,
the subsequent use and dissemination of the information.
Sec. 4.37 Limitation on dissemination of released information.
(a) Records. The OCC may condition a decision to release non-public
OCC information on entry of a protective order by the court or
administrative tribunal presiding in the particular case or, in non-
adversarial matters, on a written agreement of confidentiality. In a
case in which a protective order has already been entered, the OCC may
condition approval for release of non-public OCC information upon the
inclusion of additional or amended provisions in the protective order.
The OCC may authorize a party who obtained records for use in one case
to provide them to another party in another case.
(b) Testimony. The OCC may condition its authorization of
deposition testimony on an agreement of the parties to appropriate
limitations, such as an agreement to keep the transcript of the
testimony under seal or to make the transcript available only to the
parties, the court, and the jury. Upon request or on its own
initiative, the OCC may allow use of a transcript in other litigation.
The OCC may require the requester, at the requester's expense, to
furnish the OCC with a copy of the transcript. The OCC employee whose
deposition was transcribed does not waive his or her right to review
the transcript and to note errors.
Sec. 4.38 Procedures for sharing and using OCC records in litigation.
(a) Responsibility of litigants to share released records. The
requester must promptly notify other parties to a case of the release
of non-public OCC information obtained pursuant to this subpart, and,
upon entry of a protective order, must provide copies of OCC
information, including OCC information obtained pursuant to Sec. 4.15,
to the other parties.
(b) Retrieval and destruction of released records. At the
conclusion of an action:
(1) The requester must retrieve any non-public OCC information from
the court's file as soon as the court no longer requires the
information;
(2) Each party must destroy the non-public OCC information covered
by the protective order; and
(3) Each party must certify to the OCC that the non-public OCC
information covered by the protective order has been destroyed.
(c) Authentication for use as evidence. Upon request, the OCC
authenticates released records to facilitate their use as evidence.
Requesters who require authenticated records or certificates of
nonexistence of records should, as early as possible, request
certificates from the OCC's Litigation Division pursuant to
Sec. 4.34(a).
Sec. 4.39 Fees for services.
(a) Fees for records search, copying, and certification. The
requester must pay a fee to the OCC or to an OCC contracted commercial
copier for any records search, copying, or certification in accordance
with the standards specified in Sec. 4.17. The OCC may require a
requester to remit payment prior to providing the requested
information.
(b) Witness fees and mileage. A person whose request for testimony
of a current OCC employee is approved must, upon completion of the
testimonial appearance, tender promptly to the OCC payment for the
witness fees and mileage. The litigant must compute these amounts in
accordance with 28 U.S.C. 1821. A litigant whose request for testimony
of a former OCC employee is approved must tender promptly to the
witness any witness fees or mileage due in accordance with 28 U.S.C.
1821.
Appendix A to Subpart C--Model Stipulation for Protective Order and
Model Protective Order
I. Model Stipulation
Case Caption
Model Stipulation for Protective Order
Whereas, counsel for ____________________ have applied to the
Comptroller of the Currency (hereinafter ``Comptroller'') pursuant
to 12 C.F.R. Part 4, Subpart C, for permission to have made
available, in connection with the captioned action, certain records;
and
Whereas, such records are deemed by the Comptroller to be
confidential and privileged, pursuant to 12 U.S.C. 481; 5 U.S.C.
552(b)(8); 18 U.S.C. 641, 1906; and 12 C.F.R. 4.12, and Part 4,
Subpart C; and
Whereas, following consideration by the Comptroller of the
application of the above described party, the Comptroller has
determined that the particular circumstances of the captioned action
warrant making certain possibly relevant records as denoted in
Appendix ``A'' to this Stipulation [records to be specified by type
and date] available to the parties in this action, provided that
appropriate protection of their confidentiality can be secured;
Therefore, it is hereby stipulated by and between the parties
hereto, through their [[Page 15720]] respective attorneys that they
will be bound by the following protective order which may be entered
by the Court without further notice.
Dated this ____________ day of ________________, 19______.
----------------------------------------------------------------------
Attorney for Plaintiff
----------------------------------------------------------------------
Attorney for Defendant
II. Model Protective Order
Case Caption
Model Protective Order
Whereas, counsel for ____________________ have applied to the
Comptroller of the Currency (hereinafter Comptroller'') pursuant to
12 C.F.R. Part 4, Subpart C, for permission to have made available,
in connection with the captioned action, certain records; and
Whereas, such records are deemed by the Comptroller to be
confidential and privileged, pursuant to 12 U.S.C. 481; 5 U.S.C.
552(b)(8); 18 U.S.C. 641, 1906; and 12 C.F.R. 4.12, and Part 4,
Subpart C;
Whereas, following consideration by the Comptroller of the
application of the above described party, the Comptroller has
determined that the particular circumstances of the captioned action
warrant making certain possibly relevant records available to the
parties in this action, provided that appropriate protection of
their confidentiality can be secured;
Now, therefore, it is ordered That:
1. The records, as denoted in Appendix ``A'' to the Stipulation
for this Protective Order, upon being furnished [or released for
use] by the Comptroller, shall be disclosed only to the parties to
this action, their counsel, and the court [and the jury].
2. The parties to this action and their counsel shall keep such
records and any information contained in such records confidential
and shall in no way divulge the same to any person or entity, save
and except to such experts, consultants and non-party witnesses to
whom the records and their contents shall be disclosed, solely for
the purpose of properly preparing for and trying the action.
3. No person to whom information and records covered by this
Order are disclosed shall make any copies or otherwise use such
information or records or their contents for any purpose whatsoever,
except in connection with this action.
4. Any party or other person who wishes to use the records or
their contents in any other action shall make a separate application
to the Comptroller pursuant to 12 C.F.R. part 4, subpart C.
5. Should any records covered by this Order be filed with the
Court or utilized as exhibits at depositions in the captioned
action, or should information or records or their contents covered
by this Order be disclosed in the transcripts of depositions or the
trial in the captioned action, such records, exhibits and
transcripts shall be filed in sealed envelopes or other sealed
containers marked with the title of this action, identifying each
document and article therein and bearing a statement substantially
in the following form:
Confidential
Pursuant to the Order of the Court dated __________________ this
envelope containing the above-identified papers filed by (the name
of the party) is not to be opened nor the contents thereof displayed
or revealed except to the parties to this action or their counsel or
by further Order of the Court.
6. For Jury Trial: Any party offering any of the records into
evidence shall offer only those pages, or portions thereof, that are
relevant and material to the issues to be decided in the action and
shall block out any portion of any page that contains information
not relevant or material. Furthermore, the name of any person or
entity contained on any page of the records who is not a party to
this action, or whose name is not otherwise relevant or material to
the action, shall be blocked out prior to the admission of such page
into evidence. Any disagreement regarding what portion of any page
that should be blocked out in this manner shall be resolved by the
Court in camera, and the Court shall decide its admissibility into
evidence.
7. At the conclusion of this action, all parties shall certify
to the Comptroller that the records covered by this Order have been
destroyed. Furthermore, counsel for ______________, pursuant to 12
C.F.R. 4.38(b), shall retrieve any records covered by this Order
that may have been filed with the Court.
So Ordered
----------------------------------------------------------------------
Judge
Dated:-----------------------------------------------------------------
Subpart D--Minority-, Women-, and Individuals With Disabilities-
Owned Business Contracting Outreach Program; Contracting for Goods
and Services
Sec. 4.61 Purpose.
Pursuant to the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989, Sec. 1216(c), Public Law 101-73, 103 Stat.
183, 529 (12 U.S.C. 1833e(c)) and consistent with the Rehabilitation
Act of 1973, as amended (29 U.S.C. 701 et seq.), this subpart
establishes the OCC Minority-,
Women-, and Individuals with Disabilities-Owned Business Contracting
Outreach Program (Outreach Program). The Outreach Program is intended
to ensure that firms owned and operated by minorities, women, and
individuals with disabilities have the opportunity to participate, to
the maximum extent possible, in all contracting activities of the OCC.
Sec. 4.62 Definitions.
(a) Minority- and/or women-owned (small and large) businesses and
entities owned by minorities and women (MWOB) means firms at least 51
percent unconditionally-owned by one or more members of a minority
group or by one or more women who are citizens of the United States. In
the case of publicly-owned companies, at least 51 percent of each class
of voting stock must be unconditionally-owned by one or more members of
a minority group or by one or more women who are citizens of the United
States. In the case of a partnership, at least 51 percent of the
partnership interest must be unconditionally-owned by one or more
members of a minority group or by one or more women who are citizens of
the United States. Additionally, for the foregoing cases, the
management and daily business operations must be controlled by one or
more such individuals.
(b) Minority means any African American, Native American (means
American Indian, Eskimo, Aleut and Native Hawaiian), Hispanic American,
Asian-Pacific American, or Subcontinent-Asian American.
(c) Individual with disabilities-owned (small and large) businesses
and entities owned by individuals with disabilities (IDOB) means firms
at least 51 percent unconditionally-owned by one or more members who
are individuals with disabilities and citizens of the United States. In
the case of publicly-owned companies, at least 51 percent of each class
of voting stock must be unconditionally-owned by one or more members
who are individuals with disabilities and who are citizens of the
United States. In the case of a partnership, at least 51 percent of the
partnership interest must be unconditionally-owned by one or more
members who are individuals with disabilities and citizens of the
United States. Additionally, for the foregoing cases, the management
and daily business operations must be controlled by one or more such
individuals.
(d) Individual with disabilities means any person who has a
physical or mental impairment which substantially limits one or more of
such person's major life activities, has a record of such an
impairment, or is regarded as having such an impairment. For purposes
of this part, it does not include an individual who is currently
engaging in the illegal use of drugs nor an individual who has a
currently contagious disease or infection and who, by reason of such
disease or infection, would constitute a direct threat to the health or
safety of other individuals or who, by reason of the currently
contagious disease or infection, is unable to perform the duties of the
job as defined by the IDOB.
(e) Unconditional ownership means ownership that is not subject to
conditions or similar arrangements [[Page 15721]] which cause the
benefits of the Outreach Program to accrue to persons other than the
participating MWOB or IDOB.
Sec. 4.63 Policy.
The OCC policy is to ensure that MWOBs and IDOBs have the
opportunity to participate, to the maximum extent possible, in
contracts awarded by the OCC. The OCC awards contracts consistent with
the principles of full and open competition and best value acquisition,
and with the concept of contracting for agency needs at the lowest
practicable cost. The OCC ensures that MWOBs and IDOBs have the
opportunity to participate fully in all contracting activities that the
OCC enters into for goods and services, whether generated by the
headquarters office in Washington, DC, or any other office of the OCC.
Contracting opportunities may include small purchase awards, contracts
above the small purchase threshold, and delivery orders issued against
other governmental agency contracts.
Sec. 4.64 Promotion.
(a) Scope. The OCC, under the direction of the Deputy Comptroller
for Resource Management, engages in promotion and outreach activities
designed to identify MWOBs and IDOBs capable of providing goods and
services needed by the OCC, to facilitate interaction between the OCC
and the MWOBs and IDOBs community, and to indicate the OCC's commitment
to doing business with that community. The Outreach Program is designed
to facilitate OCC's participation in business promotion events
sponsored by other government agencies and attended by minorities,
women and individuals with disabilities. Once the OCC has identified a
prospective participant, it will assist the minority- or women-owned
business or individual with disabilities-owned business in
understanding the OCC's needs and contracting process.
(b) Outreach activities. OCC's Outreach Program includes the
following:
(1) Obtaining various lists and directories of MWOBs and IDOBs
maintained by government agencies;
(2) Contacting appropriate firms for participation in the OCC's
Outreach Program;
(3) Participating in business promotion events comprised of or
attended by MWOBs and IDOBs to explain OCC contracting opportunities
and to obtain names of potential MWOBs and IDOBs;
(4) Ensuring that the OCC contracting staff understands and
actively promotes this Outreach Program; and
(5) Registering MWOBs and IDOBs in the Department of the Treasury's
database to facilitate their participation in the competitive
procurement process for OCC contracts. This database is used by OCC
procurement staff to identify firms to be solicited for OCC
procurements.
Sec. 4.65 Certification.
(a) Objective. To preserve the integrity and foster the Outreach
Program's objectives, each prospective MWOB or IDOB must demonstrate
that it meets the ownership and control requirements for participation
in the Outreach Program.
(b) Process-MWOB. A prospective MWOB may demonstrate its
eligibility for participation in the Outreach Program by:
(1) Submitting a valid MWOB certification received from another
government agency whose definition of MWOB is substantially similar to
that specified in Sec. 4.62(a);
(2) Self-certifying MWOB ownership status by filing with the OCC a
completed and signed certification form as prescribed by the Federal
Acquisition Regulation, 48 CFR 53.301-129; or
(3) Submitting a valid MWOB certification received from the Small
Business Administration.
(c) Process-IDOB. A prospective IDOB may demonstrate its
eligibility for participation in the Outreach Program by:
(1) Submitting a valid IDOB certification received from another
government agency whose definition of IDOB is substantially similar to
that specified in Sec. 4.62(c); or
(2) Self-certifying IDOB ownership status by filing with the OCC a
completed and signed certification as prescribed in the Federal
Acquisition Regulation, 48 CFR 53.301-129, and adding an additional
certifying statement to read as follows:
I certify that I am an individual with disabilities as defined
in 12 CFR 4.62(d), and that my firm, (Name of Firm) qualifies as an
individual with disabilities-owned business as defined in 12 CFR
4.62(c).
Sec. 4.66 Oversight and monitoring.
The Deputy Comptroller for Resource Management shall appoint an
Outreach Program Manager, who shall appoint an Outreach Program
Specialist. The Outreach Program Manager is primarily responsible for
program advocacy, oversight and monitoring.
PART 10--MUNICIPAL SECURITIES DEALERS
2. The authority citation for part 10 is revised to read as
follows:
Authority: 12 U.S.C. 93a; 15 U.S.C. 78o-4(c)(5), and 78q-78w.
Sec. 10.1 [Amended]
3. In Sec. 10.1, the introductory text is amended by revising the
term ``Comptroller of the Currency'' to read ``Office of the
Comptroller of the Currency (OCC)''.
Sec. 10.2 [Amended]
4. In Sec. 10.2, paragraph (b) is amended by revising the term
``Rulemaking board'' to read ``Rulemaking Board''.
5. In Sec. 10.3, paragraph (a) is revised, paragraphs (b) and (c)
are amended by revising the term ``Comptroller of the Currency'' to
read ``OCC'', and a new paragraph (d) is added to read as follows:
Sec. 10.3 Filing of documents.
(a) All documents required to be filed with the OCC in accordance
with this part are to be filed at the Chief National Bank Examiner's
Office, Office of the Comptroller of the Currency, 250 E Street, SW,
Washington, DC 20219.
* * * * *
(d) Forms MSD-4 and MSD-5, with instructions, may be obtained from
the Chief National Bank Examiner's Office at the address listed in
paragraph (a) of this section.
Sec. 10.4 [Amended]
6. In Sec. 10.4, paragraphs (a)(1), (a)(2)(ii), (b)(2)(ii), (c)(1),
and (d)(2) are amended by revising the term ``Comptroller of the
Currency'' to read ``OCC'', and paragraph (b)(2)(i) is amended by
revising the term ``board'' to read ``Board''.
6a. The undesignated centerheading preceding Sec. 10.41 is removed.
Sec. 10.41 [Removed]
7. Section 10.41 is removed.
Sec. 10.42 [Removed]
8. Section 10.42 is removed.
PART 11--SECURITIES EXCHANGE ACT DISCLOSURE RULES
9. The authority citation for part 11 is revised to read as
follows:
Authority: 12 U.S.C. 93a; 15 U.S.C. 78l, 78m, 78n, 78p, and 78w.
Sec. 11.1 [Amended]
10. In Sec. 11.1, paragraph (a) is amended in the first sentence by
revising the term ``Comptroller'' to read ``Office of the Comptroller
of the [[Page 15722]] Currency (OCC)'', and in the second sentence by
revising the term ``Comptroller'' to read ``OCC''.
Sec. 11.2 [Amended]
11. In Sec. 11.2, paragraph (a) is amended by revising the term
``Comptroller'' to read ``OCC'', and paragraph (c) is amended by
revising the term ``Comptroller'' to read ``OCC''.
12. Section 11.3 is revised to read as follows:
Sec. 11.3 Filing requirements and inspection of documents.
(a) All papers required to be filed with the OCC pursuant to the
1934 Act or regulations thereunder shall be submitted in quadruplicate
to the Securities and Corporate Practices Division, Office of the
Comptroller of the Currency, 250 E Street, SW, Washington, DC 20219.
Material may be filed by delivery to the OCC through the mail or
otherwise. The date on which papers are actually received by the OCC
shall be the date of filing, if the person or bank filing the papers
has complied with all applicable requirements.
(b) Copies of registration statements, definitive proxy
solicitation materials, reports, and annual reports to shareholders
required by this part (exclusive of exhibits) are available from the
Disclosure Officer, Communications Division, Office of the Comptroller
of the Currency, at the address listed in paragraph (a) of this
section.
13. In Sec. 11.4, paragraph (a) is revised to read as follows:
Sec. 11.4 Filing fees.
(a) The OCC may require filing fees to accompany certain filings
made under this part before it will accept the filing. The OCC provides
an applicable fee schedule for such filings in the ``Notice of
Comptroller of the Currency Fees'' described in Sec. 8.8 of this
chapter.
* * * * *
PART 18--DISCLOSURE OF FINANCIAL AND OTHER INFORMATION BY NATIONAL
BANKS
14. The authority citation for part 18 continues to read as
follows:
Authority: 12 U.S.C. 93a, 161, and 1818.
Sec. 18.1 [Amended]
15. In Sec. 18.1, paragraph (a) is amended by revising the term
``Office's supervisory efforts'' to read ``supervisory efforts of the
Office of the Comptroller of the Currency (OCC)''.
16. In Sec. 18.4, paragraph (a)(1)(ii) is amended by revising the
term ``Non accrual Loans and Leases'' to read ``Nonaccrual Loans,
Leases, and Other Assets'', and paragraphs (b) and (d) are amended by
revising the term ``Office'' to read ``OCC'' each place it appears.
17. In Sec. 18.5, paragraph (a) is revised to read as follows:
Sec. 18.5 Alternative annual disclosure statements.
* * * * *
(a) In the case of a national bank having a class of securities
registered pursuant to section 12 of the Securities Exchange Act of
1934 (15 U.S.C. 78l), by its annual report to security holders for
meetings at which directors are to be elected;
* * * * *
18. Section 18.9 is amended by revising the term ``Office of the
Comptroller of the Currency'' to read ``OCC''.
19. Section 18.10 is revised to read as follows:
Sec. 18.10 Prohibited conduct and penalties.
(a) No national bank or institution-affiliated party shall,
directly or indirectly:
(1) Disclose or cause to be disclosed false or misleading
information in the annual disclosure statement, or omit or cause the
omission of material or required information in the annual disclosure
statement; or
(2) Represent that the OCC, or any employee thereof, has passed
upon the accuracy or completeness of the annual disclosure statement.
(b) For purposes of this part, institution-affiliated party means:
(1) Any director, officer, employee, or controlling stockholder
(other than a bank holding company) of, or agent for, a national bank;
(2) Any other person who has filed or is required to file a change-
in-control notice with the OCC under 12 U.S.C. 1817(j);
(3) Any shareholder (other than a bank holding company),
consultant, joint venture partner, and any other person as determined
by the OCC (by regulation or case-by-case) who participates in the
conduct of the affairs of a national bank; and
(4) Any independent contractor (including any attorney, appraiser,
or accountant) who knowingly or recklessly participates in:
(i) Any violation of any law or regulation;
(ii) Any breach of fiduciary duty; or
(iii) Any unsafe or unsound practice, which caused or is likely to
cause more than a minimal financial loss to, or a significant adverse
effect on, the national bank.
(c) Conduct that violates paragraph (a) of this section also may
constitute an unsafe or unsound banking practice or otherwise serve as
a basis for enforcement action by the OCC including, but not limited
to, the assessment of civil money penalties against the bank or any
institution-affiliated party who violates this part.
Office of the Secretary of the Treasury
31 CFR Subtitle A
PART 1--DISCLOSURE OF RECORDS
20. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued
under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C.
552a.
21. Under the authority of 12 U.S.C. 93a and 31 CFR 1.1(d),
appendix J of subpart A of 31 CFR part 1 is amended by revising
paragraphs 2. through 5. to read as follows:
Appendix J--Office of the Comptroller of the Currency
* * * * *
2. Public reading room. The Office of the Comptroller of the
Currency will make materials available for review on an ad hoc basis
when necessary. Contact the Disclosure Officer, Communications
Division, Office of the Comptroller of the Currency, 250 E Street
SW., Washington, DC 20219.
3. Requests for records. Initial determinations under 31 CFR
1.5(g) as to whether to grant requests for records of the Office of
the Comptroller of the Currency will be made by the Freedom of
Information Officer or the official so designated. Requests may be
mailed or delivered in person to: Disclosure Officer, Communications
Division, Office of the Comptroller of the Currency, 250 E Street,
SW., Washington, DC 20219.
4. Administrative appeal of initial determination to deny
records. Appellate determinations under 31 CFR 1.5(h) with respect
to records of the Officer of the Comptroller of the Currency will be
made by the Comptroller or the Comptroller's designee. Appeals may
be mailed or delivered in person to: Disclosure Officer,
Communications Division, Officer of the Comptroller of the Currency,
250 E Street, SW., Washington, DC 20219.
5. Delivery of process. Service of process will be received by
the Chief Counsel and shall be delivered to such officer at the
following location: Office of the Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
22. Under the authority of 12 U.S.C. 93a and 31 CFR 1.20, appendix
J of subpart C of 31 CFR part 1 is amended by revising paragraphs 2.
through 6. to read as follows:
Appendix J--Office of the Comptroller of the Currency
* * * * *
2. Requests for notification and access to records and
accountings of disclosures. [[Page 15723]] Initial determinations
under 31 CFR 1.26, whether to grant requests for notification and
access to records and accountings of disclosures for the Office of
the Comptroller of the Currency, will be made by the head of the
organizational unit having immediate custody of the records
requested or an official designated by this official. This is
indicated in the appropriate system notice in ``Privacy Act
Issuances'' published annually by the Office of the Federal
Register. Requests for information and specific guidance on where to
send requests for records shall be mailed or delivered personally
to: Disclosure Officer, Communications Division, Office of the
Comptroller of the Currency, 250 E Street, SW., Washington, DC
20219.
3. Requests for amendment of records. Initial determination
under 31 CFR 1.27 (a) through (d), whether to grant requests to
amend records will be made by the head of the organizational unit
having immediate custody of the records or the delegate of such
official. Requests for amendment shall be mailed or delivered
personally to: Disclosure Officer, Communications Division, Office
of the Comptroller of the Currency, 250 E Street, SW, Washington, DC
20219.
4. Administrative appeal of initial determinations refusing
amendment of records. Appellate determinations refusing amendment of
records under 31 CFR 1.27(e) including extensions of time on appeal,
with respect to records of the Office of the Comptroller of the
Currency will be made by the Comptroller of the Currency or the
Comptroller's designee. Appeals shall be mailed or delivered
personally to: Disclosure Officer, Communications Division, Office
of the Comptroller of the Currency, 250 E Street, SW, Washington, DC
20219.
5. Statements of disagreement. ``Statements of Disagreement''
under 31 CFR 1.27(e)(4)(i) shall be filed with the OCC's Director of
Communications at the address indicated in the letter of
notification within 35 days of the date of such notification and
should be limited to one page.
6. Service of process. Service of process will be received by
the Office of the Chief Counsel of the Comptroller of the Currency
or the delegate of such official and shall be delivered to the
following location: Office of the Comptroller of the Currency, 250 E
Street, SW, Washington, DC 20219.
* * * * *
Dated: March 9, 1995.
Eugene A. Ludwig,
Comptroller of the Currency.
[FR Doc. 95-7099 Filed 3-24-95; 8:45 am]
BILLING CODE 4810-33-P
