Issued by the U.S. Treasury and by other U.S. Government Agencies.

(112) Form CC 8022-21: Acquisition Guldance Letter Consolidated Report of Income. (113) Form CC 8022-22: Supplemental Information-Report of Condition (Form Let

ter).

(114) Form CC 9000-01: External Crimes Against National and District Banks.

(115) Form CC 9030-01: Report on Security Devices.

(116) Form CC 9030-02: Report of Crime. (117) Form CC 9030-06: Report of Pledged National Bank Stock.

(118) Form CC 9030-07: Report of Officers' Borrowings at Other Banks.

(119) Form CC 9030-18: Emergency Preparedness Measures.

(120) Form CC 9030-21: Analysis Sheet. (121) Form CC 9030-22: Liquidity Analysis Sheet.

(122) Form CC 9030-23: Regional Map (Large).

(123) Form CC 9030-24: Regional Map (Small).

(124) Form Copy of Electronic Data Processing Report of Examination.

CC 9030-25: Transmitting

(b) Unnumbered forms. The following unnumbered forms of the Comptroller of the Currency are currently in use:

(1) Shareholders Meeting Instructions. (2) Instructions-Application to Exercise Fiduciary Powers.

(3) Instructions-Annual Financial Report of Collective Investment Funds.

(c) Public access. The forms and instructions referred to in this section are available to the public upon request. A charge may be assessed with respect to certain forms or instructions or for any form and instruction requested in large quantities.

[32 F.R. 9514, July 1, 1967, as amended at 35 F.R. 19981, Dec. 31, 1970]

§ 4.14

Publications available to public.

(a) Federal Register. In addition to the publication of this part, the Comptroller of the Currency publishes in the FEDERAL REGISTER, for the guidance of the public:

(1) Substantive rules and interpretations of general applicability and statements of general policy;

(2) Notices of public hearings in connection with some applications, including certain applications to merge, consolidate, or purchase.

(b) Other publications. The following publications of the Comptroller of the Currency are available to the public:

(1) "Comptroller's Manual for National Banks."

(2) "Comptroller's Manual for Representatives in Trusts."

(3) "Duties and Liabilities of Directors of National Banks."

(4) "Shareholders' Meeting Instructions."

(5) "Fiduciary Powers of National Banks and Collective Investment Funds." (6) "Annual Report of the Office of the Comptroller of the Currency."

(7) "Years of Reform: A Prelude to Progress," a reprint from the 1963 Annual Report.

(8) "The Banking Structure in Evolution: A Response to Public Demand," a reprint from the 1964 Annual Report.

(9) "Banking Competition and the Banking Structure,” reprints of articles from the National Banking Review.

(10) "The National Banking Review." (11) "National Banks and the Future.” (12) "Banking and Monetary Studies: In Commemoration of the Centennial of the National Banking System."

(13) "The Comptroller and Bank Supervision: A Historical Appraisal.”

(14) "Commercial Bank Entry into Revenue Bond Underwriting."

(15) "World of Banking: The Challenges of a Career as a National Bank Examiner."

(16) "Directory, Office of the Comptroller of the Currency."

(17) "Summary of Actions," a monthly summary of actions taken upon all applications for new national bank charters, branches, mergers, consolidations, purchase of assets, assumption of liabilities, change of name or location of head office or branch, and conversion from State to national bank.

(18) "Examination of Automation in National Banks."

(19) "Criminal Assaults on Banks." (20) "Staff Report Series: Bank Trusts: Investments and Performance."

(21) "Comptroller's Handbook of Examination Procedure."

The publications referred to in this paragraph are available for inspection at the office of each National Bank region and at

The Treasury Library, Room 5030, Main Treasury Building, Washington, DC 20220. To purchase or otherwise obtain a copy of publications referred to in subpara

(a) The Comptroller of the Currency makes the following documents available to the public for inspection and copying: (1) Final orders made in the adjudication of cases.

(2) Final opinions when made in the adjudication of cases.

(3) Statements of general policy and interpretations of general application not published in the FEDERAL REGISTER.

(4) Administrative staff manuals and instructions affecting any member of the public.

(5) The publications referred to in § 4.14(b).

(6) Annual reports to stockholders filed under part 10 of the Regulations of the Comptroller of the Currency (part 10 of this chapter) which serve as registrations under section 12(g) of the Securities Exchange Act of 1934, as amended.

(7) Proxy solicitation materials filed under part 11 of the Regulations of the Comptroller of the Currency (part 11 of this chapter) pursuant to sections 12(i), 14(a), and 14(c) of the Securities Exchange Act of 1934, as amended.

(8) Ownership reports filed under part 12 of the Regulations of the Comptroller of the Currency (part 12 of this chapter) pursuant to section 16 of the Securities Exchange Act of 1934, as amended.

(9) Registration statements and offering circulars filed under part 16 of the Regulations of the Comptroller of the Currency (part 16 of this chapter) pursuant to section 12 of the Securities Exchange Act of 1934, as amended.

(b) The Comptroller maintains and makes available to the public for inspection and copying a current index identifying the documents referred to in paragraph (a) of this section (other than subparagraphs (5), (6), (7), (8), and (9) thereof), issued, adopted, or promulgated after July 4, 1967. Such index is located in the

Treasury Library, Room 5025, Main Treasury Building, Washington, D.C. 20220.

(c) To the extent necessary to prevent an invasion of personal privacy, the Comptroller may delete identifying details from a document described in paragraph (a) of this section. In each case of such deletion, the justification therefor will be clearly explained in writing. [32 F.R. 9515, July 1, 1967]

§ 4.16

Other documents available to public; exceptions.

(a) In addition to the documents referred to in § 4.15, all other documents of the Comptroller of the Currency are available to any person for inspection and copying in accordance with § 4.17, except as provided in paragraph (b) of this section.

(b) Except as specifically authorized by the Comptroller, the following documents, or portions thereof, are not available to the public:

(1) A document, or portion thereof, which is exempted from disclosure by statute or Executive order.

(2) A document, or portion thereof, containing or related to an examination operating, or condition report prepared by, on behalf of, or for the use of, the Comptroller, relating to the affairs of any bank or affiliate thereof, bank holding company or subsidiary thereof, broker, finance company, or any other person engaged, or proposing to engage, in the business of banking, extending credit, or managing or controlling banks.

(3) A document, or portion thereof, which is privileged or relates to the business, personal, or financial affairs of any person and is furnished in confidence.

(4) An investigatory file compiled for law enforcement purposes, including an investigatory file relating to a proceeding for the issuance of a cease-and-desist order or order of suspension or removal, under the Financial Institutions Supervisory Act of 1966, and the granting, withholding, or revocation of any approval, permission, or authority.

(5) A document, or portion thereof, relating solely to internal personnel rules and practices or other internal practices of the agency.

(6) A personnel, medical, or similar file (including a financial file), the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

(a) Central office. A document of the Comptroller of the Currency or a portion thereof, available under §§ 4.15 and 4.16 for public inspection and copying, may be inspected and copied during regular business hours on regular business days at the Washington Office of the Comptroller. A person requesting access to such a document, or portion thereof, shall submit such request in writing to the Special Assistant for Public Affairs, Room 4112, Main Treasury Building, Washington, DC 20220. The request shall state the full name and address of the person requesting access to a document and a description of the document sought that is sufficient to permit its identification without undue difficulty.

(b) Field office. If a document of the Comptroller, or a portion thereof, available under §§ 4.15 and 4.16 for public inspection and copying, is located at the office of a Regional Administrator of National Banks, the person requesting access to the same may, if he requests permission, have access at such location. Such request shall be submitted in writing to the Special Assistant for Public Affairs, Room 4112, Main Treasury Building, Washington, DC 20220. If such request is granted, the Regional Administrator will be instructed to permit access at his office.

(c) Appeal. Any person who is denied access to a document of the Comptroller of the Currency by any official or employee of the Comptroller's office may file within thirty days with the First Deputy Comptroller a written request for a review of such denial, stating the circumstances, reasons, or arguments advanced for insistence upon disclosure of the record.

(d) Costs. A person requesting access to a document of the Comptroller shall pay a fee of $5 for the cost of locating and preparing the document for inspection and copying. Additional fees of 10

cents per page will be charged for providing a copy of the document, and of $1.25 for each quarter hour spent beyond the first hour in locating, preparing, or copying the document.

[36 F.R. 5051, Mar. 17, 1971]

§ 4.18 Other rules of disclosure.

(a) Employees of the Comptroller. Except as provided in this part or as otherwise authorized by the Comptroller of the Currency, no employee or former employee of the Comptroller shall in any manner disclose or permit disclosure of any confidential information to anyone other than an employee of the Comptroller properly entitled to such information for the performance of his official duties.

(b) Government agencies. When authorized by law, the Comptroller of the Currency may make available to the Board of Governors of the Federal Reserve System, to the Federal Deposit Insurance Corporation, and, in his sole discretion, to certain other Government agencies of the United States, copies of reports of examination and other documents, papers or information for their use, when necessary, in the performance of their official duties. All reports, documents and papers made available pursuant to this subdivision are the property of the Comptroller. No person, agency, or authority, or any director, officer, or employee thereof, shall disclose any such reports, documents, papers or information contained therein in any manner except as authorized by the Comptroller.

(c) Financial institutions. The Comptroller of the Currency makes available to each national bank and, in some cases, to holding companies thereof, a copy of the report of examination of such bank or company. The report of examination is the property of the Comptroller and is loaned to the bank or holding company for its confidential use only. Under no circumstances shall the bank or holding company or any director, officer or employee thereof make public or disclose to any other banker or person in any manner the report of examination or any portion of the contents thereof.

[32 F.R. 9516, July 1, 1967, as amended at 36 FR. 5051, Mar. 17, 1971]

wise with respect to information obtained in or resulting from their official capacities and are prohibited from furnishing documents of the Comptroller or copies thereof in compliance with a subpoena, order or otherwise, without the prior written authorization of the Comptroller. If the testimony of or the production of documents by an employee or former employee of the Comptroller is desired, an affidavit by the litigant or his attorney, setting forth the interest of the litigant and the testimony or documents desired must be submitted to the Comptroller before authorization will be granted. The employee's or former employee's authorization to testify or produce is limited to the authority granted by the Comptroller. When authorization to testify or to produce documents has not been granted by the Comptroller, the employee or former employee of the Comptroller to whom a subpoena or order has been directed shall appear in court and respectfully state that he is unable to comply further with the subpoena or order by reason of this section. [36 F.R. 5051, Mar. 17, 1971]

5.8

5.9

Attendance at hearing.
Presiding officer.

5.10 Hearing rules.

5.11 Closing of the public file. 5.12 Retained authority.

5.13 Comptroller's decision. 5.14 Computation of time.

AUTHORITY: The provisions of this Part 5 issued under 12 U.S.C. 1 et seq.; 12 U.S.C. 27, 30, 36, and 1828(c).

SOURCE: The provisions of this Part 5 appear at 36 F.R. 6888, Apr. 10, 1971, unless otherwise noted.

§ 5.1 Scope of part.

This part contains procedures by which the Comptroller of the Currency may reach informed decisions with respect to applications to charter national banks,

to establish branches of national banks, to merge or consolidate with or purchase the assets of another bank where the resulting bank is a national bank, or to relocate offices of national banks, and in such cases as the Comptroller in his sole discretion shall deem proper. These procedures provide a method by which all persons interested in the subject matter of such applications may present their views. Nothing contained herein shall be construed to prevent interested persons from presenting their views in a more informal manner when deemed appropriate by the Comptroller, his deputy, or by the Regional Administrator of National Banks, or to prevent the Comptroller or the Regional Administrator from conducting such other investigation as may be deemed appropriate.

§ 5.2 Notice of filing of application.

(a) Applications described in § 5.1 of this Part shall be filed as provided in 12 CFR Part 4.

(b) By publication. Except in the case of proposed transactions where notice by publication is governed by statute, the applicant shall, within 15 days after the Regional Administrator of National Banks shall have notified the applicant in writing that an application has been accepted for filing, publish one time in a newspaper of general circulation in the community in which the applicant's head office is located and in a newspaper of general circulation in the community in which the applicant proposes to engage in business a notice containing the name of the applicant or applicants, the subject matter of the application, and the date upon which the application was filed. Immediately thereafter, the applicant shall furnish the Regional Administrator with a tear sheet or clipping evidencing such publication.

(c) By the Regional Administrator. The Regional Administrator shall give timely notice to the State official who supervises State commercial banks in the State in which the applicant is or will be located, and to any other person requesting in writing notice of the date on which an application was filed. The Regional Administrator shall solicit, in whatever manner he deems appropriate, comments from each bank which the Regional Administrator believes in his sole discretion might be affected by or have an interest in the pending application.

(a) Contents. The public file in each case shall consist of the application with supporting data and supplementary information, with the exception of material deemed by the Regional Administrator to be confidential, such as trade secrets normally not available through commercial publication. In addition, the public file shall contain all data and information submitted by interested persons in favor of or in opposition to such application, excluding any material deemed by the Regional Administrator to be confidential. The Regional Administrator or his designee shall not deem information confidential for purposes of the two immediately preceding sentences unless the person submitting the information requests that such information be deemed confidential. All factual information contained in any field investigation report made by a national bank examiner shall also be made part of the public file, unless deemed confidential by the Regional Administrator.

(b) Availability to protesting and other interested persons. The public file shall be available for inspection in the Office of the Regional Administrator upon written request from a protesting person and to such other persons as the Regional Administrator shall deem in his discretion to have a direct interest therein during such periods of time as the Regional Administrator shall prescribe. No documents in the public file may be removed from the Regional Administrator's office by persons other than members of the Comptroller's staff. Photocopies may be made available, on request, to protesting and other interested parties. The charge for such copies shall be made in accordance with a written schedule maintained by the Regional Administrator.

§ 5.4 Written comments and requests for an opportunity to be heard. Within 10 days after the notice by publication described in § 5.2(b) any interested person may submit to the Regional Administrator written comments concerning the application and/or a written request for an opportunity to be heard before the Regional Administrator or his designee. This time may be extended by the Regional Administrator in his sole discretion if the applicant has failed to file all required supporting data in time to permit review by interested persons or for other extenuating circum

stances. In the absence of a request, the Regional Administrator or the Comptroller of the Currency, when either believes it to be in the public interest, may order a hearing to be held. § 5.5 Place of hearing.

Persons submitting a request described in § 5.4 shall be given an opportunity to be heard in the city where the Office of the Regional Administrator is located. The Comptroller of the Currency, in any matter, reserves the right to conduct hearings at any location he deems to be appropriate.

§ 5.6 Date of hearing.

An opportunity to be heard shall be given as soon as practicable after requested or ordered.

§ 5.7 Notice of hearing.

(a) Contents. The Regional Administrator, when notifying interested persons of the scheduling of an opportunity to be heard, shall set forth in the notice of the subject matter of the application and the date, time, and place at which the opportunity to be heard shall be afforded.

(b) To whom sent. The notice described in § 5.7(a) shall be sent to the person or persons requesting the hearing, the applicant, and to other interested persons who have sent written comments to the Regional Administrator.