Production of Nonpublic Records and Testimony of Employees in Legal Proceedings

Forms and Documents

Document Name	Status
3133-0146_FINAL_Supporting statement_10-08-19.docx Supporting Statement A	2019-10-08

IC Document Collections

IC ID	Document Title	Status
32788	Production of Nonpublic Records and Testimony of Employees in Legal Proceedings	Modified

ICR Details

OMB Control No: 3133-0146	ICR Reference No: 201909-3133-007
Status: Active	Previous ICR Reference No: 201610-3133-001
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: 11/18/2019
	Date Received in OIRA: 10/08/2019
Terms of Clearance: Future supporting statements should discuss changes in burden estimates in response 15.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2022	36 Months From Approved	12/31/2019
Responses	20	0	20
Time Burden (Hours)	80	0	40
Cost Burden (Dollars)	0	0	0

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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.

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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

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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:
	84 FR 36625	07/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 53477	10/07/2019
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
Production of Nonpublic Records and Testimony of Employees in Legal Proceedings

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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	20	20	0	0	0	0
Annual Time Burden (Hours)	80	40	0	40	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: An adjustment increase is being made to the number of hours per response to give a more accurate account of the time it takes to prepare a Touhy request.

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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? 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: 10/08/2019

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