[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Pages 56501-56503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23397]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Privacy Act of 1974; Systems of Records
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Notice of alterations to three Office of the Comptroller of the
Currency Privacy Act systems of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the Department of the Treasury and the
Office of the Comptroller of the Currency (OCC) give notice of
alterations to the Privacy Act systems of records entitled ``CC .210--
Bank Securities Dealers System,'' ``CC .220--Section 914 Tracking
System;'' and ``CC .600--Consumer Complaint and Inquiry Information
System.''
DATES: Effective Date: Comments must be received no later than October
13, 2011. The alterations to the systems of records will be effective
October 24, 2011 unless the OCC receives comments that would result in
a contrary determination.
FOR FURTHER INFORMATION CONTACT: Roger Mahach, Chief Information
Security and Privacy Officer, (202) 649-5830. 250 E Street, SW.,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Pursuant to section 313 of Title III of the
Dodd Frank Wall Street Reform and Consumer Protection Act, Public Law
111-203-July 21, 2010 (the Act), the Office of Thrift Supervision (OTS)
was abolished.
[[Page 56502]]
On July 21, 2011, the transfer date under section 1062 of the Act, and
pursuant to section 312 of the Act, the OTS was integrated into the
OCC, and all functions of the OTS and the Director of the OTS related
to Federal savings associations (and not otherwise transferred to
another agency pursuant to the Act) were transferred to the OCC and the
Comptroller of the Currency, including all rulemaking authority of the
OTS and the Director of the OTS, respectively, relating to savings
associations.
Also pursuant to section 312 of the Act, the OCC and the
Comptroller succeed in all powers, authorities, rights and duties that
were vested in the OTS and the Director of the OTS on the day before
the transfer date relating to the functions transferred. Thus, the OCC,
a bureau of the Treasury Department, is charged with assuring the
safety and soundness of, and compliance with laws and regulations, fair
access to financial services, and fair treatment of customers by, the
institutions, including national banks and Federal savings
associations, and other persons subject to its jurisdiction. See 12
U.S.C. (as amended by section 324 of the Act).
Thus, as of July 21, 2011, the OCC is responsible for the
supervision of both national banks and Federal savings associations.
Accordingly, to reflect the integration of the OTS into the OCC, the
OCC is adding a category of individuals (those individuals related to
Federal savings associations) to the following systems of records,
which previously covered individuals related to national banks:
Treasury/CC .210--Bank Securities Dealers System; Treasury/CC .220--
Section 914 Tracking System; Treasury/CC .600--Consumer Complaint and
Inquiry System. The OCC is also making conforming changes, as
necessary, under ``Purposes,'' ``Authority for Maintenance of the
System,'' and ``Routine Uses'' of the systems of records notices as
necessary to capture the new category of individuals.
Additionally, the OCC is making other changes to the Treasury/CC
.220--``Section 914 Tracking System'' system of records, apart from the
changes being made to reflect the integration of the OTS into the OCC.
The OCC is renaming the system to more accurately reflect the
information contained in the system. The system will no longer be
called Treasury/CC .220--``Section 914 Tracking System'' and will
instead be called Treasury/CC .220--``Notices of Proposed Changes in
Employees, Officers and Directors Tracking System.'' The OCC is also
adding new categories of individuals to the system, beyond the new
category described above. The system currently includes individuals who
file notices pursuant to 12 CFR 5.51. However, the OCC has the
authority under other laws and regulations (i.e. 12 CFR 5.20 and 12
U.S.C. 1818(b)) to require the entities it supervises to file notices
of changes in employees, officers and directors. Thus, the OCC is
broadening the categories of individuals covered by the system so that
the OCC may track notices filed under each relevant authority, which
will allow the OCC to better carry out its statutory and regulatory
responsibilities. In addition, two routine uses for the system will
also be altered to conform to the appropriate new categories of
individuals.
The System notices were last published in their entirety in the
Federal Register, July 18, 2008 (Volume 73, Number 139) pp. 41402-
41414.
As required by 5 U.S.C. 552a(r) of the Privacy Act, the report of
altered systems of records has been submitted to the Committee on
Government Reform of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Office of Management and
Budget, pursuant to Appendix I to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
November 30, 2000.
For the reasons set forth in this preamble, the Department proposes
to alter systems of records entitled ``CC .210--Bank Securities Dealers
System,'' ``CC .220--Section 914 Tracking System;'' and ``CC .600--
Consumer Complaint and Inquiry Information System'' as follows:
TREASURY/CC .210
SYSTEM NAME:
Bank Securities Dealers System
* * * * *
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
* * * * *
Description of changes: Add ``Federal savings association'' after
``national bank,'' and remove ``District of Columbia Bank'' and add in
its place ``District of Columbia savings association.'' Add ``or
savings association'' between ``* * * of any such bank'' and ``in the
capacity of.''
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
* * * * *
Description of changes: Add ``(as amended)'' after ``12 U.S.C. 1;''
add ``1464'' after ``481'' and before ``1818.''
* * * * *
PURPOSE:
* * * * *
Description of changes: Add ``Federal savings association'' after
``national banks'' and remove ``District of Columbia banks'' and add in
its place ``District of Columbia savings associations.''
* * * * *
TREASURY/CC .220
SYSTEM NAME:
Description of changes: Remove the title ``Section 914 Tracking
system'' and in its place add ``Notices of Proposed Changes in
Employees, Officers and Directors Tracking System.''
* * * * *
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Description of changes: Remove current entry and in its place add
the following: ``Individuals covered by this system are those who are
named in notices filed: (1) under 12 CFR 5.51 as proposed directors or
senior executive officers of a national bank, or federal branches of
foreign banks (Section 5.51 entities) when the entities:
(a) Have a composite rating of 4 or 5 under the Uniform Financial
Institutions Rating System;
(b) Are subject to cease and desist orders, consent orders, or
formal written agreements, unless otherwise informed in writing by the
OCC;
(c) Have been determined, in writing, by the OCC to be in
``troubled condition'';
(d) Are not in compliance with minimum capital requirements
prescribed under 12 CFR Part 3; or
(e) Have been advised by the OCC, in connection with its review of
an entity's capital restoration plan, that such notices are
appropriate. (2) under 12 CFR 5.20(g)(2) as proposed officers or
directors of national banks (Section 5.20(g)(2) entities) for a two-
year period from the date they commence business. (3) under 12 CFR 163,
Subpart H (previously 12 CFR 563, Subpart H) as proposed directors or
senior executive officers of Federal savings associations (Part 163,
Subpart H entities) when the entities:
(a) Are not in compliance with minimum capital requirements
prescribed under 12 CFR 167 (previously 12 CFR 567);
(b) Have a composite rating of 4 or 5 under the Uniform Financial
Institutions Rating System;
(c) Are subject to capital directives, cease and desist orders,
consent orders, formal written agreements, or prompt corrective action
directives relating to
[[Page 56503]]
the safety and soundness or financial viability of the Federal savings
association, unless otherwise informed in writing by the OCC;
(d) Have been determined in writing by the OCC to be in ``troubled
condition;'' or
(e) Have been advised by the OCC, in connection with its review of
an entity's capital restoration plan required by 12 U.S.C. 1831o, that
such notice is required. (4) pursuant to 12 U.S.C. 1818(b) as proposed
employees of national banks, Federal savings associations or any other
entity subject to the OCC's jurisdiction (1818(b) entities), other than
employees covered by 12 CFR 5.51 or 12 CFR 163, Subpart H, when
required to do so pursuant to 12 U.S.C. 1818(b).''
CATEGORIES OF RECORDS IN THE SYSTEM:
* * * * *
Description of changes: Remove ``pursuant to 5 CFR 5.51.''
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
* * * * *
Description of changes: Add ``(as amended)'' after ``12 U.S.C. 1;''
add ``1464'' after ``481'' and before ``1817(j).''
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
a. Description of changes: Routine use 1) is amended by removing
``An OCC-regulated entity'' and in its place adding ``A Section 5.51
entity, a Section 5.20(g) entity, a Part 163, Subpart H entity, or a
Section 1818(b) entity.'' Routine use (1) is further amended by
removing the words ``pursuant to 12 CFR 5.51'' after the words ``filed
by that entity'' and is revised to read as follows:
``A Section 5.51 entity, a Section 5.20(g) entity, a Part 163,
Subpart H entity, or a Section 1818(b) entity in connection with review
and action on a notice filed by that entity;''
b. Description of changes: Routine use (2) is amended by removing
``12 CFR 5.51'' and in its place add ``any authority cited herein'' and
is revised to read as follows: ``Third parties to the extent necessary
to obtain information that is pertinent to the OCC's review and action
on a notice received under any authority cited herein;''
* * * * *
SYSTEM MANAGER ADDRESS:
* * * * *
Description of changes: Remove ``Director'' and in its place add
``Deputy Comptroller.''
* * * * *
TREASURY/CC .600
System Name:
Consumer Complaint and Inquiry System
* * * * *
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Description of changes: Add ``Federal savings associations,'' after
the words ``about national banks'' and remove ``District of Columbia
banks'' and in its place add ``District of Columbia savings
associations.''
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
* * * * *
Description of changes: Add ``(as amended)'' after ``12 U.S.C. 1;''
add ``1464'' after ``481'' and before ``and 1820.''
* * * * *
Dated: August 30, 2011.
Veronica Marco,
Acting Deputy Assistant Secretary for Privacy, Transparency, and
Records.
[FR Doc. 2011-23397 Filed 9-12-11; 8:45 am]
BILLING CODE 4810-33-P