[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Notices]
[Pages 15379-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05558]
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NATIONAL CREDIT UNION ADMINISTRATION
Agency Information Collection Activities; Submission to OMB for a
New Collection; Comment Request
AGENCY: National Credit Union Administration (NCUA).
ACTION: Request for comment.
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SUMMARY: The NCUA intends to submit the following information
collection to the Office of Management and Budget (OMB) for review and
clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44
U.S.C. Chapter 35). This information collection notice is published to
obtain comments from the public. The NCUA is proposing a new
information collection related to its solicitation of proposals for
outside legal counsel (outside counsel) to assist and advise the NCUA
in its various capacities. The information will assist the NCUA in
further: (i) Standardizing the data it uses to select outside counsel;
(ii) considering additional criteria in making its selections; and
(iii) improving efficiency and recordkeeping related to its selection
process.
DATES: Comments will be accepted until May 10, 2013.
ADDRESSES: Interested parties are invited to submit written comments to
the NCUA Contact and the OMB Reviewer listed below:
NCUA Contact: Tracy Crews, National Credit Union Administration, 1775
Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861,
Email: [email protected].
OMB Contact: Office of Management and Budget, ATTN: Desk Officer for
the National Credit Union Administration, Office of Information and
Regulatory Affairs, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Requests for additional information, a
copy of the information collection request, or a copy of submitted
comments should be directed to Tracy Crews at the National Credit Union
Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at
(703) 518-6444.
SUPPLEMENTARY INFORMATION:
I. Abstract and Request for Comments
The NCUA has developed two forms for collecting information from
prospective outside counsel. One form relates to a budget or estimate
of the legal fees, costs, and expenses that outside counsel would
expect to invoice with respect to a particular legal matter. The other
form includes representations
[[Page 15380]]
and certifications, covering matters such as firm profile and
expertise, malpractice insurance, price determination and contract
solicitation methods, equal opportunity, lobbying, invoices, and
conflicts of interest. The information will enable the NCUA to further
standardize the data it uses to select outside counsel, consider
additional criteria in making its selections, and improve efficiency
and recordkeeping related to its selection process.
In connection with seeking proposals from outside counsel, the
NCUA's collections of information, in any of its capacities, are not
subject to the Paperwork Reduction Act.\1\ Nevertheless, the NCUA
intends to voluntarily comply with the Paperwork Reduction Act in
collecting this information.
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\1\ See 12 U.S.C. 1766(i)(2) (``In addition to the authority
conferred upon it by other sections of this chapter, the [NCUA]
Board is authorized in carrying out its functions under this chapter
* * * to expend such funds, enter into such contracts with public
and private organizations and persons, make such payments in advance
or by way of reimbursement, acquire and dispose of, by lease or
purchase, real or personal property, without regard to the
provisions of any other law applicable to executive or independent
agencies of the United States, and perform such other functions or
acts as it may deem necessary or appropriate to carry out the
provisions of this chapter, in accordance with the rules and
regulations or policies established by the Board not inconsistent
with this chapter * * *.) (emphasis added); see also 12 U.S.C.
1787(b)(2)(A) (providing that when the NCUA Board acts as
conservator or liquidating agent, by operation of law, it succeeds
to the legally distinct rights, titles and powers of relevant credit
unions, which are not subject to the Paperwork Reduction Act).
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The NCUA's estimates of the average number of respondents, burden,
and total annual cost appear below. The estimated number of respondents
is the NCUA's approximation of the average number of requests for
proposals or inquiries for legal services it processes in any given
calendar year. The estimated burden is the NCUA's assessment of the
aggregate time prospective outside counsel will need to respond to the
information on both the budget form and the representations and
certifications form. The NCUA estimated the total annual cost by
multiplying its estimate of the number of respondents (100) by the
burden (2 hours) and multiplying that total by an estimated national
average hourly billing rate for attorneys of $284.
The NCUA requests that you send your comments on this collection to
the location listed in the addresses section. Your comments should
address the following subjects: (a) The necessity of the information
collection for the proper performance of the NCUA, including whether
the information will have practical utility; (b) the accuracy of the
NCUA's estimate of the burden (hours and cost) of the collection of
information, including the validity of the methodology and assumptions
used; (c) ways the NCUA could enhance the quality, utility, and clarity
of the information to be collected; and (d) ways the NCUA could
minimize the burden of the collection of the information on the
respondents, such as through the use of automated collection techniques
or other forms of information technology. It is the NCUA's policy to
make all comments available to the public for review.
II. Data
Proposal for the following new collection of information:
OMB Number: 3133--New.
Form Number: N/A.
Type of Review: New collection.
Title: Contractor Budget, Representations, and Certifications.
Description: Standardized information from prospective outside
counsel is essential to the NCUA in carrying out its responsibility as
regulator, conservator, and liquidating agent for federally insured
credit unions.
Respondents: Prospective outside legal counsel.
Estimated Number of Respondents/Recordkeepers: 100.
Estimated Burden Hours per Response: 2 hours.
Frequency of Response: Periodically, in response to solicitations.
Estimated Total Annual Burden Hours: 200.
Estimated Total Annual Cost: $56,800.
By the National Credit Union Administration Board on February
26, 2013.
Mary Rupp,
Secretary of the Board.
[FR Doc. 2013-05558 Filed 3-8-13; 8:45 am]
BILLING CODE 7535-01-P