Production of Nonpublic Records and Testimony of Employees in Legal Proceedings

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
12CFR792-C_(1-1-22 ED).pdf	Supplementary Document	Uploaded 2022-11-30	Repair queued
FINAL_3133-0146_SS_111722.docx	Supporting Statement A	Uploaded 2022-11-30	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
32788	Production of Nonpublic Records and Testimony of Employees in Legal Proceedings		Modified

ICR Details

OMB Control No: 3133-0146	ICR Reference No: 202211-3133-003
Status: Historical Active	Previous ICR Reference No: 201909-3133-007
Agency/Subagency: NCUA	Agency Tracking No: OGC
Title: Production of Nonpublic Records and Testimony of Employees in Legal Proceedings
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/22/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/30/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2026	36 Months From Approved	03/31/2023
Responses	20	0	20
Time Burden (Hours)	100	0	80
Cost Burden (Dollars)	0	0	0

---

Abstract: The NCUA requires this information collection to handle requests and subpoenas from a party or parties seeking non-public records or the testimony of NCUA employees. The NCUA will use the information to decide how and whether it will disclose non-public records and/or permit employees to testify in legal proceedings.

---

Authorizing Statute(s): US Code: 5 USC 301 Name of Law: Departmental Regulations
   US Code: 5 USC 522 (b) (8) Name of Law: Freedom of Information Act (FOIA)
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 58537	09/27/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 71363	11/22/2022
Did the Agency receive public comments on this ICR? No

---

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

table that charts list of burden

IC Title	Form No.	Form Name
Production of Nonpublic Records and Testimony of Employees in Legal Proceedings

---

ICR Summary of Burden

table that charts list 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	20	20	0	0	0	0
Annual Time Burden (Hours)	100	80	0	0	20	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: This is an extension to a previously approved collection. Time to complete has increased from 4 to 5 hours per response are attributed to an adjustment.

---

Annual Cost to Federal Government: $12,800

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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]? No

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

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

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: 11/30/2022

---