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

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