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Code · REGISTER · 2006-06-14 · DEPARTMENT OF TRANSPORTATION · Notices

Notices. Notice and request for comment

6,335 words·~29 min read·/register/2006/06/14/06-5352·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration
(FRA)received a request for a waiver of compliance from certain requirements of its safety regulations. The individual petition is described below including, the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner's arguments in favor of relief. Minnesota Transportation Museum, Inc [Docket Number FRA-2006-24774] The Minnesota Transportation Museum
(MTM)seeks a waiver of compliance from certain provisions of 49 CFR part 232, *Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment.* Specifically, § 232 Appendix B, part 232, prior to May 31, 2001, § 232.17(b)(2) for passenger car maintenance requirements. MTM is a non-profit corporation that operates a historical and excursion train as the Osceola and St. Croix Valley Railway between Dresser, Wisconsin and Withrow, Minnesota, a distance of 25 miles, over Canadian National track. Operation of this train is from mid-April to the end of October on Thursdays, Saturdays and Sundays, for a total of approximately 70 operating days. MTM currently operates one passenger coach equipped with LN type brakes that requires a clean, oil, test and stencil (COT&S) every 12 months, as prescribed in the Manual of Standards and Recommended Practices of the Association of American Railroads, S-045, last published in 1984. MTM is requesting that a waiver be granted to extend the COT&S time period from 12 months to 24 months. This would give MTM the ability to operate for two operating seasons between COT&S events, which would also provide a savings of $244 per year in COT&S costs for this non-profit organization. MTM declares that safety will not be compromised if this waiver is granted, based on their 15+ years of experience with the LN type brake. MTM states that previous COT&S events have found the lubricant to be fresh with no detectable signs of deterioration. MTM also notes that since the LN brake was developed in the 1920's, there has been considerable improvement in lubricant quality and considerable improvement in all of the flexible gasket and “O” ring type materials that makes up the LN Brake. Interested parties are invited to submit written comments to FRA. All written communications concerning this petition should identify the appropriate docket number ( *e.g.* , Docket Number FRA-2006-24774) and must be submitted in triplicate to the Associate Administrator for Safety, Federal Railroad Administration, 400 7th Street, SW., Washington, DC 20590-0001. Comments received within 45 days of the date of this notice will be considered by FRA before any final action is taken. Although FRA does not anticipate scheduling a public hearing in connection with these proceedings, if any interested party desires an opportunity for oral comment, they should notify FRA in writing before the end of the comment period and specify the basis for their request. All written communications concerning these proceedings are available for examination during regular business hours (9 a.m.-5 p.m.) at the Central Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC, 20590. All documents in the public docket are also available for inspection and copying on the Internet at the docket facility's Web site *http://dms.dot.gov.* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) at *http://dms.dot.gov.* Issued in Washington, DC, on June 9, 2006. Grady C. Cothen, Jr., Deputy Associate Administrator for Safety Standards and Program Development. [FR Doc. E6-9277 Filed 6-13-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006-24324; Notice 2] American Honda Motor Company, Inc., Grant of Petition for Decision of Inconsequential Noncompliance American Honda Motor Company, Inc. (Honda) has determined that certain vehicles that it produced in 2005 and 2006 do not comply with S3.1.4.1 of 49 CFR 571.102, Federal Motor Vehicle Safety Standard (FMVSS) No. 102, “Transmission shift position sequence, starter interlock, and transmission braking effect.” Pursuant to 49 U.S.C. 30118(d) and 30120(h), Honda has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Reports.” Notice of receipt of a petition was published, with a 30-day comment period, on April 7, 2006, in the **Federal Register** (71 FR 17952). NHTSA received no comments. Affected are a total of approximately 2,641 model year 2006 Honda Ridgeline vehicles. S3.1.4.1 of FMVSS No. 102 requires, [I]f the transmission shift position sequence includes a park position, identification of shift positions, including the positions in relation to each other and the position selected, shall be displayed in view of the driver whenever any of the following conditions exist:
(1)The ignition is in a position where the transmission can be shifted; or
(b)The transmission is not in park. Honda explains the noncompliance as follows: * * * American Honda offered, as an optional part, through its dealers, a wiring harness as part of a trailer towing kit. The wiring harness included a circuit to provide for back-up lights, if present on a trailer, to illuminate when the transmission was shifted into reverse gear. The Ridgeline utilizes an electronic display in the instrument panel to indicate transmission gear position. When the wiring harness in question has been installed, and the ignition key is turned to the accessory position, the electronic display indicates not only the actual position of the selected gear, but also illuminates the reverse position indicator in the display, such that there are two indicator lights lighted at the same time, unless the reverse position is the gear selected, in which case only the reverse position indicator will be lighted. Honda has corrected the problem that caused these errors so that they will not be repeated in future production. Honda believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Honda states that neither the actual function of the transmission nor the transmission lockout will be affected. Honda states that there is no possibility of danger from the noncompliant display while the key is in the accessory position. Honda states: The key cannot be removed, the vehicle cannot start, and the actual gear position would be illuminated, as well as the reverse position. There are two possible scenarios to consider. In the first and most common scenario, if the key had been removed, upon initial insertion of the key, the vehicle would have had to be in “PARK,” and turning the key to the accessory position will illuminate both the “PARK” and “REVERSE” indications, but not allow the vehicle to be shifted from the “PARK” position. Then, when the key was turned to the “on” position, allowing the vehicle to be shifted from the “PARK” position, the gear position indicator would function properly. In the second scenario, if the key has been left in the ignition while in a gear other than “PARK,” when the operator turns the key to the accessory position, the electronic display will indicate the correct gear, as well as reverse. This would be a highly unusual circumstance, and the vehicle would not start unless the key was turned to the “on” position, in which case the gear position indicator would function properly. Nor could the key be removed until the shift lever was placed in the “PARK” position. Even if this highly unlikely situation were to occur, movement of the shift lever would indicate the correct gear, as well as the illumination of the reverse gear. It would become readily apparent to the operator that the illumination of the reverse gear would be inappropriate and not indicative of the actual gear being engaged. Again, once the ignition is turned to the “ON” position, the gearshift indicator would function completely normally. At no time would the engine operate while in the “ACCESSORY” position. NHTSA agrees with Honda that the noncompliance is inconsequential to motor vehicle safety. In the “accessory” position, which is when the noncompliant display appears, the key cannot be removed and the vehicle cannot start. When the key is turned to the “on” position, the gear position indication functions properly and is in compliance. The noncompliance does not affect the function of the transmission or the transmission lockout. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, Honda's petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Issued on: June 9, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6-9278 Filed 6-13-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2006-24928; Notice 1] Continental Tire North America, Receipt of Petition for Decision of Inconsequential Noncompliance Continental Tire North America (Continental) has determined that certain tires it produced in 2004 and 2005 do not comply with S5.5(f) of 49 CFR 571.139, Federal Motor Vehicle Safety Standard (FMVSS) No. 139, “New pneumatic radial tires for light vehicles.” Continental has filed an appropriate report pursuant to 49 CFR Part 573, “Defect and Noncompliance Reports.” Pursuant to 49 U.S.C. 30118(d) and 30120(h), Continental has petitioned for an exemption from the notification and remedy requirements of 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential to motor vehicle safety. This notice of receipt of Continental's petition is published under 49 U.S.C. 30118 and 30120 and does not represent any agency decision or other exercise of judgment concerning the merits of the petition. Affected are a total of approximately 2,627 model 235/55R17 99H Conti Pro Contact replacement tires manufactured during 2004 and 2005. S5.5(f) of FMVSS No. 139 requires the actual number of plies in the tread area to be molded on both sidewalls of each tire. The noncompliant tires are marked on the sidewall “TREAD PLIES 1 RAYON + 2 STEEL + 2 NYLON” whereas the correct marking should be “TREAD PLIES 1 RAYON + 2 STEEL + 1 NYLON.” Continental Tire believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. Continental Tire states, All other sidewall identification markings and safety information are correct. This noncompliant sidewall marking does not affect the safety, performance and durability of the tire; the tires were built as designed. Continental has corrected the problem that caused these errors so that they will not be repeated in future production. Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket and notice number cited at the beginning of this notice and be submitted by any of the following methods. Mail: Docket Management Facility, U.S. Department of Transportation, Nassif Building, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. It is requested, but not required, that two copies of the comments be provided. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may be submitted electronically by logging onto the Docket Management System Web site at *http://dms.dot.gov.* Click on “Help” to obtain instructions for filing the document electronically. Comments may be faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking Portal: go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. The petition, supporting materials, and all comments received before the close of business on the closing date indicated below will be filed and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the extent possible. When the petition is granted or denied, notice of the decision will be published in the **Federal Register** pursuant to the authority indicated below. *Comment closing date:* July 14, 2006. (Authority: 49 U.S.C. 30118, 30120: delegations of authority at CFR 1.50 and 501.8). Issued on: June 8, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6-9244 Filed 6-13-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA 2006-24137; Notice 2] General Motors Corporation, Grant of Petition for Decision of Inconsequential Noncompliance General Motors Corporation
(GM)has determined that certain 2006 model year Cadillac XLR vehicles do not comply with S7.8.2.1(c) of 49 CFR 571.108, Federal Motor Vehicle Safety Standard (FMVSS) No. 108, “Lamps, reflective devices, and associated equipment.” Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM has petitioned for a determination that this noncompliance is inconsequential to motor vehicle safety and has filed an appropriate report pursuant to 49 CFR part 573, “Defect and Noncompliance Reports.” Notice of receipt of a petition was published, with a 30-day comment period, on April 5, 2006, in the **Federal Register** (71 FR 17159). NHTSA received no comments. Affected are a total of approximately 1,074 model year 2006 Cadillac XLR vehicles produced between July 26, 2005 and November 3, 2005. S7.8.2.1(c) of FMVSS No. 108 requires that if visually/optically
(VO)aimable headlamps are equipped with a horizontal adjustment mechanism, then the mechanism must meet the applicable headlamp aim requirements in S7.8.5.2. That standard requires that a headlamp system that is capable of being aimed include a Vehicle Headlamp Aiming Device that includes the necessary references and scales to assure correct aim and that a label containing aiming instruction be affixed adjacent to the device. The noncompliant headlamps are equipped with a horizontal adjustment but do not meet the S7.8.5.2 requirements. GM explains that during the assembly process the horizontal adjuster is supposed to be disabled but in the case of the subject lamps, the disabling was not done. GM has corrected the problem that caused these errors so that they will not be repeated in future production. GM believes that the noncompliance is inconsequential to motor vehicle safety and that no corrective action is warranted. GM offers several bases for this assertion. First, GM states that the location of the horizontal adjuster makes it difficult to access, because it is recessed six inches behind the opening under the top of the fender and there is no information in the owner's manual indicating the location. Second, GM states that the horizontal adjuster requires a different tool than the vertical adjuster, a tool which is not commonly available to the public. Third, GM states that the lamps are properly aimed and the need for re-aiming is unlikely. GM explains that VO headlamps have a wider beam pattern, making horizontal aiming unnecessary, supported by the fact that GM is not aware of warranty claims or customer complaints regarding the headlamps' horizontal aim. Fourth, GM states that it is unlikely that owners will try to adjust headlamp aim for the following reasons. The owner's manual instructs drivers to take the vehicle to the dealer if the lamps need to be re-aimed, a four-year 50,000 mile warranty on the vehicle makes it more likely that owners will seek to have any adjustments performed by the dealer, the wide beam reduces the need for headlamp adjustment, and it is unlikely that luxury car customers would make their own repairs. Fifth, GM asserts that it is unlikely that dealers will try to horizontally adjust the lamps because they are not aware of the horizontal adjustment. Instead, dealers are likely to replace lamps that develop an incorrect horizontal aim. Sixth, GM states that the lamps are designed to compensate for build variation and vehicle repair, and it conducted additional testing which it believes validates that road vibration will not result in the lamps being out of aim. Seventh, GM states that it is not aware of crashes, injuries, complaints, or field reports related to the noncompliance. NHTSA agrees with GM that the noncompliance is inconsequential to motor vehicle safety. The only possible safety risk is that someone could locate and improperly adjust the horizontal adjustment mechanism. That risk is extremely small. The location of the horizontal adjuster makes it difficult to access and there is no information in the owner's manual or given to the dealer which indicates the location. Further, the lamps are properly aimed and the need for re-aiming is unlikely since these headlamps have a wider beam pattern which makes horizontal aiming unnecessary. In addition, as GM points out, it is unlikely that owners will try to adjust the headlamp aim since the owner's manual instructs drivers to take the vehicle to the dealer if the lamps need to be re-aimed, and a four-year, 50,000-mile warranty on the vehicle makes it more likely that owners will seek to have any adjustments performed by the dealer. Because dealers are generally not aware that the horizontal aim can be adjusted, they are likely to replace the lamps that may need adjustment. Moreover, to the extent this notice increases awareness on the part of owners or dealers that the horizontal adjustment mechanism is present on these vehicles, the notice will also inform them that any horizontal adjustment issue should be addressed by replacing the lamps and/or contacting GM. In consideration of the foregoing, NHTSA has decided that the petitioner has met its burden of persuasion that the noncompliance described is inconsequential to motor vehicle safety. Accordingly, GM's petition is granted and the petitioner is exempted from the obligation of providing notification of, and a remedy for, the noncompliance. (Authority: 49 U.S.C. 30118, 30120; delegations of authority at CFR 1.50 and 501.8) Issued on: June 9, 2006. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E6-9279 Filed 6-13-06; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34880] Union Pacific Railroad Company—Trackage Rights Exemption—BNSF Railway Company BNSF Railway Company
(BNSF)has agreed to grant overhead trackage rights to Union Pacific Railroad Company
(UP)over BNSF's rail line between BNSF milepost 0.69 near Portland, OR, and BNSF milepost 8.1 near North Portland Junction, OR, a distance of approximately 7.41 miles. The transaction was scheduled to be consummated on or after June 1, 2006, but consummation could lawfully occur no earlier than June 2, 2006, the effective date of the exemption (7 days after the exemption was filed). 1 1 A decision served on June 5, 2006, denied a petition to stay the operation of the notice of exemption filed by John D. Fitzgerald, for and on behalf of the United Transportation Union—General Committee of Adjustment. Dennis R. Pierce filed a letter on June 5, 2006, on behalf of the Brotherhood of Locomotive Engineers and Trainmen—General Committee of Adjustment in support of the stay request of Mr. Fitzgerald. The purpose of the trackage rights is to create an additional overhead routing for UP trains in the Portland, OR area. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in *Norfolk and Western Ry. Co.—Trackage Rights—BN* , 354 I.C.C. 605 (1978), as modified in *Mendocino Coast Ry., Inc.—Lease and Operate* , 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34880, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Robert T. Opal, General Commerce Counsel, 1400 Douglas Street, STOP 1580, Omaha, NE 68179. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: June 7, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-9250 Filed 6-13-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Submission for OMB Review; Comment Request June 8, 2006. The Department of the Treasury has submitted the following public information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of the submission(s) may be obtained by calling the Treasury Bureau Clearance Officer listed. Comments regarding this information collection should be addressed to the OMB reviewer listed and to the Treasury Department Clearance Officer, Department of the Treasury, Room 11000, 1750 Pennsylvania Avenue, NW., Washington, DC 20220. *Dates:* Written comments should be received on or before July 14, 2006 to be assured of consideration. Internal Revenue Service
(IRS)*OMB Number:* 1545-0996. *Type of Review:* Extension. *Title:* Required Distributions From Retirement Plans. *Description:* The regulations relate to the required minimum distributions from qualified plans, individual retirement plans, deferred compensation plans under section 457, and section 403(b) annuity contracts, custodial accounts, and retirement income accounts. *Respondents:* State, local, or tribal governments, not-for-profit institutions. *Estimated Total Burden Hours:* 8,400 hours. *OMB Number:* 1545-1480. *Type of Review:* Extension. *Title:* Hedging Transactions. *Description:* The information is required by the IRS to aid it in administering the law and to prevent manipulation. The information will be used to verify that a taxpayer is properly reporting his or her business hedging transactions. *Respondents:* Business or other for-profit institutions. *Estimated Total Burden Hours:* 171,050 hours. *OMB Number:* 1545-1541. *Type of Review:* Extension. *Title:* Revenue Procedure 97-27, Changes in Methods of Accounting. *Description:* The information requested in sections 6, 8, and 13 of Revenue Procedure 97-27 is required in order for the Commissioner to determine whether the taxpayer properly is requesting to change his or her method of accounting and the terms and conditions of that change. *Respondents:* Business or other for-profit institutions, individuals or households, not-for-profit institutions, and farms. *Estimated Total Burden Hours:* 9,083 hours. *OMB Number:* 1545-0770. *Type of Review:* Extension. *Title:* Transfers of Securities Under Certain Agreements. *Description:* Section 1058 of the Internal Revenue Code provides tax-free treatment for transfers of securities pursuant to a securities lending agreement. The agreement must be in writing and is used by the taxpayer, in a tax audit situation, to justify non-recognition treatment of gain or loss on the exchange of securities. *Respondents:* Business or other for-profit and non-profit institutions, individuals and households. *Estimated Total Burden Hours:* 9,781 hours. *OMB Number:* 1545-0239. *Type of Review:* Extension. *Title:* Statement by Person(s) Receiving Gambling Winnings. *Form:* Form 5754. *Description:* Section 3402(q)(6) of the Internal Revenue Code requires a statement by persons receiving certain gambling winnings when that person is not the winner or is one of a group of winners. It enables the payer to properly apportion the winnings and withheld tax on Form W-2G. The IRS uses the information on Form W-2G to ensure that recipients are properly reporting their income. *Respondents:* Business or other for-profit and non-profit institutions, individuals and households, not-for-profit institutions. *Estimated Total Burden Hours:* 40,800 hours. *OMB Number:* 1545-1820. *Type of Review:* Extension. *Title:* Revenue Procedure 2003-33, Section 9100 Relief for 338 Elections. *Description:* Pursuant to 301.9100-3 of the Procedure and Administration Regulations, this procedure grants certain taxpayers an extension of time to file an election described in 338(a) or 338(h)(10) of the Internal Revenue Code to treat the purchase of the stock of a corporation as an asset acquisition. *Respondents:* Business or other for-profit and non-profit institutions, individuals and households. *Estimated Total Burden Hours:* 300 hours. *OMB Number:* 1545-1035. *Type of Review:* Extension. *Title:* Recapture of Low-Income Housing Cost. *Description:* Internal Revenue Code Section 42 permits owners of residential projects providing low-income housing to claim a credit against their income tax. If the property is disposed of or it fails to meet certain requirements over a 15-year compliance period and a bond is not posted, the owner must recapture on Form 8611 part of the credit(s) taken in prior years. *Respondents:* Business or other for-profit institutions, individuals and households. *Estimated Total Burden Hours:* 7,842 hours. *Clearance Officer:* Glenn P. Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224.
(202)622-3428. *OMB Reviewer:* Alexander T. Hunt, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.
(202)395-7316. Robert Dahl, Treasury PRA Clearance Officer. [FR Doc. E6-9273 Filed 6-13-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Information Collection; Submission for OMB Review; Comment Request AGENCY: Office of the Comptroller of the Currency, Treasury. ACTION: Notice and request for comment. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, “International Regulation—Part 28.” The OCC also gives notice that it has sent the information collection to the Office of Management and Budget
(OMB)for review. DATES: Comments must be received by July 14, 2006. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0102, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to
(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov.* You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling
(202)874-5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557-0102, by mail to U.S. Office of Management and Budget, 725, 17th Street, NW., #10235, Washington, DC 20503, or by fax to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Mary Gottlieb, OCC Clearance Officer, or Camille Dickerson,
(202)874-5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval of the following information collection: *Title:* International Regulation—Part 28. *OMB Number:* 1557-0102. *Description:* This submission covers an existing regulation and involves no change to the regulation or to the information collection requirements. The OCC requests only that OMB extend its approval of the information collection. 12 CFR part 28 contains the following collections of information: *12 CFR 28.3 Filing Requirements for Foreign Operations of a National Bank—Notice Requirement:* A national bank shall notify the OCC when it: • Files an application, notice, or report with the FRB to establish or open a foreign branch, or acquire or divest of an interest in, or close, an Edge corporation, Agreement corporation, foreign bank, or other foreign organization. • Opens a foreign branch, and no application or notice is required by the FRB for such transaction. • Files an application to join a foreign exchange, clearinghouse, or similar type of organization. In lieu of a notice, the OCC may accept a copy of an application, notice, or report submitted to another Federal agency that covers the proposed action and contains substantially the same information required by the OCC. A national bank shall furnish the OCC with any additional information the OCC may require in connection with the national bank's foreign operations. *12 CFR 28.12(a) Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Approval of a Federal branch or agency—Approval and Licensing Requirements:* A foreign bank shall submit an application to, and obtain prior approval from the OCC before it establishes a Federal branch or agency, or exercises fiduciary powers at a Federal branch (a foreign bank may submit an application to exercise fiduciary powers at the time of filing an application for a Federal branch or at any subsequent date). *12 CFR 28.12(e)(2) Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Approval of a Federal branch or agency—Written Notice for Additional Intrastate Branches or Agencies:* A foreign bank shall provide written notice to the OCC 30 days in advance of the establishment of an intrastate branch or agency. *12 CFR 28.12(h) Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Approval of a Federal Branch or Agency—After-the-fact Notice for Eligible Foreign Banks:* A foreign bank proposing to establish a Federal branch or agency through the acquisition of, or merger or consolidation with, a foreign bank that has an existing bank subsidiary, branch, or agency, shall provide after-the-fact notice within 14 days of the transaction to the OCC if
(1)the resulting bank is an “eligible foreign bank” within the meaning of § 28.12(f) and
(2)no Federal branch established by the transaction is insured. *12 CFR 28.12(i) Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Approval of a Federal Branch or Agency—Contraction of Operations:* A foreign bank shall provide written notice to the OCC within 10 days after converting a Federal branch into a limited Federal branch of a Federal agency. *12 CFR 28.14(c) Limitations Based upon Capital of a Foreign Bank—Aggregation:* A foreign bank shall designate one Federal branch or agency office in the United States to maintain consolidated information so that the OCC can monitor compliance. *12 CFR 28.15(d), (d)(2), and
(f)Capital Equivalency Deposits:* Deposit arrangements: • A foreign bank should require its depository bank to segregate its capital equivalency deposits on the depository bank's books and records. • The funds deposited and obligations that are placed in safekeeping at a depository bank to satisfy a foreign bank's capital equivalency deposit requirement must be maintained pursuant to an agreement prescribed by the OCC that shall be a written agreement entered into with the OCC. Maintenance of capital equivalency ledger account: Each Federal branch or agency shall maintain a capital equivalency account and keep records of the amount of liabilities requiring capital equivalency coverage in a manner and form prescribed by the OCC. *12 CFR 28.15(d)(1) Capital Equivalency Deposits—Deposit Arrangements:* A foreign bank's capital equivalency deposits may not be reduced in value below the minimum required for that branch or agency without the prior approval of the OCC, but in no event below the statutory minimum. *12 CFR 28.16(c) Deposit-taking by an Uninsured Federal branch—Application for an Exemption:* A foreign bank may apply to the OCC for an exemption to permit an uninsured Federal branch to accept or maintain deposit accounts that are not listed in paragraph
(b)of this section. The request should describe: • The types, sources, and estimated amount of such deposits and explain why the OCC should grant an exemption; • How the exemption maintains and furthers the policies described in paragraph
(a)of this section. *12 CFR 28.16(d) Deposit taking by an uninsured Federal branch—Aggregation of deposits:* A foreign bank that has more than one Federal branch in the same state may aggregate deposits in all of its Federal branches in that state, but exclude deposits of other branches, agencies or wholly owned subsidiaries of the bank. The Federal branch shall compute the average amount by using the sum of deposits as of the close of business of the last 30 calendar days ending with and including the last day of the calendar quarter, divided by 30. The Federal branch shall maintain records of the calculation until its next examination by the OCC. *12 CFR 28.17 Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Notice of Change in Activity or Operations:* A Federal branch or agency shall notify the OCC if it changes its corporate title; changes its mailing address; converts to a state branch, state agency, or representative office; or the parent foreign bank changes the designation of its home state. *12 CFR 28.18(c)(1) Recordkeeping and Reporting—Maintenance of Accounts, Books, and Records:* Each Federal branch or agency shall maintain a set of accounts and records reflecting its transactions that are separate from those of the foreign bank and any other branch or agency. The Federal branch or agency shall keep a set of accounts and records in English sufficient to permit the OCC to examine the condition of the Federal branch or agency and its compliance with applicable laws and regulations. *28.20(a)(1) Maintenance of Assets—General Rule:* The OCC may require a foreign bank to hold certain assets, with the approval of the OCC, in the state in which its Federal branch or agency is located. *12 CFR 28.22
(b)Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Voluntary Liquidation:* Notice to customers and creditors—A foreign bank shall publish notice of the impending closure of each Federal branch or agency for a period of two months in every issue of a local newspaper where the Federal branch or agency is located. If only weekly publication is available, the notice must be published for nine consecutive weeks. *12 CFR 28.22(e) Reports of Examination:* The Federal branch or agency shall send the OCC certification that all of its Reports of Examination have been destroyed or return its Reports of Examination to the OCC. *12 CFR 28.25(a) Covered under Information Collection 1557-0014 (Comptroller's Licensing Manual) Change in Control—After-the-fact Notice:* A foreign bank that operates a Federal branch or agency shall inform the OCC in writing of the direct or indirect acquisition of control of the foreign bank by any person or entity, or group of persons or entities acting in concert, within 14 calendar days after the foreign bank becomes aware of a change in control. *12 CFR 28.52 Covered under Information Collection 1557-0081 (MA)—Reports of Condition and Income (Interagency Call Report), FFIEC 031, FFIEC 041 Allocated Transfer Risk Reserve:* A banking institution shall establish an allocated transfer risk reserve for specified international assets when required by the OCC. *12 CFR 28.53 Accounting for Fees on International Loans:* Sets forth restrictions on fees and specifies accounting treatment for international loans. *12 CFR 28.54 Covered under Information Collection 1557-0100 Country Exposure Report and Country Exposure Information Report (FFIEC 009, FFIEC 009a) Reporting and Disclosure of International Assets:* A banking institution shall submit to the OCC, at least quarterly, information regarding the amounts and composition of its holdings of international assets. A banking institution shall submit to the OCC information regarding concentrations in its holdings of international assets that are material in relation to total assets and to capital of the institution. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals; Businesses or other for-profit. *Estimated Number of Respondents:* 79. *Estimated Total Annual Responses:* 117. *Frequency of Response:* On occasion. *Estimated Total Annual Burden:* 3,661.5. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)The accuracy of the agency's estimate of the burden of the collection of information;
(c)Ways to enhance the quality, utility, and clarity of the information to be collected;
(d)Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: June 8, 2006. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division. [FR Doc. E6-9229 Filed 6-13-06; 8:45 am] BILLING CODE 4810-33-P DEPARTMENT OF VETERANS AFFAIRS Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board; Notice of Meeting The Department of Veterans Affairs gives notice under the Public Law 92- 463 (Federal Advisory Committee Act) that a subcommittee of the Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board will meet from 8 a.m. to 5 p.m. on August 1, 2006 at the Doubletree Hotel, 1515 Rhode Island Ave., NW., Washington, DC. The subcommittee meeting will focus on evaluating Pharmacogenomics Analysis Laboratory proposals submitted by VA investigators. The purpose of the Merit Review Board is to provide advice on the scientific quality, budget, safety and mission relevance of center-based research proposals submitted for VA merit review consideration. Proposals submitted for review by the Board involve a range of medical specialties within the general areas of biomedical, behavioral and clinical science research. The subcommittee meeting will be open to the public for approximately one hour at the start of its meeting to discuss the general status of the program. The remaining portion of the meeting will be closed to the public for the review, discussion, and evaluation of initial and renewal projects. The closed portion of the meeting involves discussion, examination, and reference to staff and consultant critiques of research protocols. During this portion of the subcommittee meeting, discussion and recommendations will deal with qualifications of personnel conducting the studies, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, as well as research information, the premature disclosure of which could significantly frustrate implementation of proposed agency action regarding such research projects. As provided by subsection 10(d) of Public Law 92-463, as amended, closing portions of this meeting is in accordance with 5 U.S.C., 552b(c)(6) and (9)(B). Those who plan to attend or would like to obtain a copy of minutes of the subcommittee meeting and a roster of the members of the subcommittee should contact LeRoy G. Frey, PhD., Chief, Program Review (121F), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 at
(202)254-0288. Dated: June 2, 2006. By direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 06-5352 Filed 6-13-06; 8:45 am]
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