Fiduciary Activities of National Banks - 12 CFR Part 9

Forms and Documents

Document	Type	Status	Availability
1557-0140.doc	Justification for No Material/Nonsubstantive Change	Uploaded 2011-07-25	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
20039	Fiduciary Activities of National Banks - 12 CFR Part 9		Modified

ICR Details

OMB Control No: 1557-0140	ICR Reference No: 201107-1557-062
Status: Historical Active	Previous ICR Reference No: 200812-1557-002
Agency/Subagency: TREAS/OCC	Agency Tracking No:
Title: Fiduciary Activities of National Banks - 12 CFR Part 9
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/19/2011
	Date Received in OIRA: 07/26/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2012	02/29/2012	02/29/2012
Responses	548,610	0	446,142
Time Burden (Hours)	155,435	0	126,403
Cost Burden (Dollars)	0	0	0

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Abstract: Part 9 requires national banks with fiduciary powers to retain fiduciary records and to note results of fiduciary activities annually in the minutes of the board of directors. Part 9 also requires national banks to file certified copies of board resolutions in order to surrender fiduciary activities, to operate a collective investment fund pursuant to a written plan, to submit the written plan to the OCC for approval, and to make its annual financial report for collective investment funds available to fund participants. These requirements ensure safety and soundness in national bank fiduciary activities. On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, 124 Stat. 1376 (2010) (Dodd-Frank Act) was enacted. As part of the comprehensive package of financial regulatory reform measures enacted, Title III of the Dodd-Frank Act transfers the powers, authorities, rights and duties of the Office of Thrift Supervision to other banking agencies, including the OCC, on the "transfer date." The transfer date is July 21, 2011. The Dodd-Frank Act also abolishes the OTS ninety days after the transfer date. As a result of the Dodd-Frank Act, OCC is making a non-substantive change to this collection of information to include the thrift institutions it now regulates.

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Authorizing Statute(s): US Code: 12 USC 92a Name of Law: The National Bank Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 312 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 59707	10/08/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 77878	12/19/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Fiduciary Activities of National Banks - 12 CFR Part 9

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	548,610	446,142	102,468	0	0	0
Annual Time Burden (Hours)	155,435	126,403	29,032	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The adjustment is due to the availability of more accurate estimates. The new estimates are based on the number of fiduciary accounts of each institution. The prior estimates were based on just the number of institutions conducting fiduciary activities. The new estimates outline the burden more accurately and set out a more detailed explanation of the burden.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/26/2011

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