Notices. Denial of petition for a defect investigation

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BILLING CODE 4910-22-M DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Denial of Motor Vehicle Defect Petition AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Denial of petition for a defect investigation. SUMMARY: This notice sets forth the reasons for the denial of a petition submitted pursuant to 49 U.S.C. 30162 by Mr. Richard H. McSwain of McSwain Engineering Inc. to NHTSA's Office of Defects Investigation (ODI), received June 29, 2007, requesting that the agency commence a proceeding to determine the existence of a defect related to motor vehicle safety with respect to the manual seatback recliner mechanism in model year 1989-1992 Ford Probe vehicles (subject vehicles).

After a review of the petition and other information, NHTSA has concluded that further expenditure of the agency's investigative resources on the issues raised by the petition does not appear to be warranted. The agency accordingly has denied the petition. The petition is hereinafter identified as DP07-001. FOR FURTHER INFORMATION CONTACT: Mr. Steve Chan, Safety Defects Engineer, Defects Assessment Division, Office of Defects Investigation, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Telephone:

(202)366-8537. SUPPLEMENTARY INFORMATION: On June 29, 2007, NHTSA received a petition from Mr. Richard H. McSwain of McSwain Engineering Inc., requesting that the agency investigate the failure of the seatback recliner mechanisms in the subject vehicles. The petition is based on an examination of a passenger side front seat recliner mechanism from a subject vehicle involved in a multi-vehicle collision, of an exemplar seat, as well as mechanical testing of a seat from a subject vehicle. The petitioner identified a failure mode involving bypass of the seatback stop pin (inside the recliner mechanism) during forward movement of the seatback, such as when entering and exiting the rear seat. The petition stated that stop pin bypass allows the recliner mechanism sector gear to over-travel with respect to the pawl. Return of the seatback to the upright position may then bend the first tooth of the pawl, resulting in a false or partial engagement of the sector and pawl teeth. This false engagement condition is transmitted to the opposing recliner mechanism via a mechanical communication cable. According to the petition, the ultimate result is the inability of the recliner mechanism to support the seatback during a collision event. The petitioner concluded that the stop pin bypass that initiated the failure mode is a result of inadequate height of the pin and the resulting inadequate contact between the pin and seatback stop. The Federal Motor Vehicle Safety Standard (FMVSS) No. 207 “Seating Systems,” specifies that seats in passenger cars, multipurpose passenger vehicles, trucks, and buses must meet certain static force test requirements. However, for seats that hinge on folding seatbacks, the restraining device, once engaged, shall not release when a force equal to twenty times the weight of the seatback is applied through the center of gravity for the seat in the direction the seat is facing. It is not uncommon to see the seatbacks of new vehicles moved from their initial positions after a FMVSS simulated vehicular collision. The identified failure mode may be the result of progressive wear and tear of the seatback stop pin, the seatback stop, and other seat components in vehicles that are, on average, 17 years old. Available data do not suggest that this has occurred with a notable frequency. ODI reviewed its consumer complaint data received over the last nineteen years and found no complaints of seatback collapse (with or without a vehicle collision) in the subject vehicles. In view of the foregoing, and considering the advanced age of the subject vehicles, it is unlikely that NHTSA would issue an order for the notification and remedy of the alleged defect as defined by the petitioner at the conclusion of the investigation requested in the petition. The statutory requirement that the manufacturer provide a free remedy does not apply if the vehicle was bought by the first purchaser more than 10 calendar years before an order is issued. Therefore, in view of the need to allocate and prioritize NHTSA's limited resources to best accomplish the agency's safety mission, the petition is denied. Authority: 49 U.S.C. 30162(d); delegations of authority at CFR 1.50 and 501.8. Issued on: December 4, 2007. Daniel C. Smith, Associate Administrator for Enforcement. [FR Doc. E7-23853 Filed 12-7-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2007-0042; Notice 1] General Motors Corporation, Receipt of Petition for Decision of Inconsequential Noncompliance General Motors Corporation

(GM)has determined that certain model year 2005, 2006 & 2007 Cadillac STS passenger cars equipped with sunroofs do not fully comply with paragraph S4(e) of 49 CFR 571.118, Federal Motor Vehicle Safety Standard (FMVSS) No. 118 Power-Operated Window, Partition, and Roof Panel Systems. GM has filed an appropriate report pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility and Reports. Pursuant to 49 U.S.C. 30118(d) and 30120(h), GM 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 GM'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 approximately 60,042 model year 2005, 2006 & 2007 Cadillac STS passenger cars. Paragraph S4(e) of 49 CFR 571.118 requires: S4. Operating requirements. * * * power operated window, partition, or roof panel systems may be closed only in the following circumstances: * * *

(e)During the interval between the time the locking device which controls the activation of the vehicle's engine is turned off and the opening of either of a two-door vehicle's doors or, in the case of a vehicle with more than two doors, the opening of either of its front doors; GM explains that for 60 seconds after the vehicles are started, if the engine is turned off and a front door is opened, the sunroof module software allows the sunroof to be closed if someone in the vehicle activates the control switch. If more than 60 seconds elapses from the starting of the vehicle, this condition will not occur. GM stated that it is not aware of any incidents or injury related to the subject condition. GM included an analysis of the risk associated with the subject condition and a detailed explanation of the reasons why it believes the noncompliance to be inconsequential to motor vehicle safety. In summary, GM states that for all of the subject vehicles: • The subject condition affects only the sunroof, not the power windows. • The subject condition requires multiple actions that must occur within a 60 second time period. First, the following sequence of actions must occur: Driver starts engine, driver turns off engine, and driver or front passenger opens a front door. After this sequence of actions and still within the 60 second time frame, occupants must take additional actions: Push the sunroof close switch and position an occupant to create the risk of sunroof entrapment. All of these actions must occur within one 60 second time frame. • If the sunroof switch is pushed steadily and then released, the sunroof promptly stops moving. • The sunroof incorporates an auto-reverse system. This system will activate whenever the sunroof is closing in the express close mode. Therefore, sunroof entrapment requires the completion of the initial sequence of engine start/engine stop/front door open actions, and also requires an occupant to press and hold the sunroof closure switch and position an occupant within the sunroof—all within the 60 second window and in such a manner that the auto-reverse is not effective in preventing sunroof entrapment. • The Agency has granted similar petitions in the past. • GM is not aware of any injuries or incidents related to the subject condition. GM states that it believes that because the noncompliance is inconsequential to motor vehicle safety that no further corrective action is warranted. GM has also informed NHTSA that it 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: a. By mail addressed to: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. b. By hand delivery to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except Federal Holidays. c. Electronically: By logging onto the Federal Docket Management System

(FDMS)Web site at *http://www.regulations.gov/* . Follow the online instructions for submitting comments. Comments may also be faxed to 1-202-493-2251. 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:* January 9, 2008. Authority: (49 U.S.C. 30118, 30120: Delegations of authority at CFR 1.50 and 501.8) Issued on: December 4, 2007. Claude H. Harris, Director, Office of Vehicle Safety Compliance. [FR Doc. E7-23841 Filed 12-7-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB-364 (Sub-No. 13X)] Mid-Michigan Railroad, Inc.—Abandonment Exemption—in Muskegon County, MI Mid-Michigan Railroad, Inc. (MMRR), has filed a notice of exemption under 49 CFR Part 1152 Subpart F— *Exempt Abandonments* to abandon a 3.35-mile line of railroad between milepost 191.40 and milepost 194.75, at the end of the line, in Muskegon County, MI. The line traverses United States Postal Service Zip Codes 49441, 49442, and 49444. MMRR has certified that:

(1)No local traffic has moved over the line for at least 2 years;

(2)any overhead traffic on the line can be rerouted over other lines;

(3)no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and

(4)the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under *Oregon Short Line R. Co.—Abandonment—Goshen,* 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance

(OFA)has been received, this exemption will be effective on January 9, 2008, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues, 1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), 2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 20, 2007. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by December 31, 2007, with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Section of Environmental Analysis

(SEA)in its independent investigation) cannot be made before the exemption's effective date. *See Exemption of Out-of-Service Rail Lines,* 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,300. *See* 49 CFR 1002.2(f)(25). A copy of any petition filed with the Board should be sent to MMRR's representative: Louis E. Gitomer, Law Offices of Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void *ab initio* . MMRR has filed a combined environmental report and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment

(EA)by December 14, 2007. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling SEA, at

(202)245-0305. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), MMRR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by MMRR's filing of a notice of consummation by December 10, 2008, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: November 30, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-23838 Filed 12-7-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency FEDERAL RESERVE SYSTEM FEDERAL DEPOSIT INSURANCE CORPORATION DEPARTMENT OF THE TREASURY Office of Thrift Supervision NATIONAL CREDIT UNION ADMINISTRATION FEDERAL TRADE COMMISSION Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC); Office of Thrift Supervision (OTS), Treasury; National Credit Union Administration (NCUA); and the Federal Trade Commission (FTC or Commission) (collectively, the Agencies). ACTION: Joint information collection to be submitted to OMB for review and approval under the Paperwork Reduction Act of 1995 (PRA). SUMMARY: Pursuant to the Paperwork Reduction Act, the OCC, FDIC, OTS, NCUA, and FTC are submitting for Office of Management and Budget

(OMB)review the information collection associated with a proposed study that will use a written survey to be completed by financial institutions and other persons who are creditors or users of consumer reports. The Board has approved this information collection under its delegated authority from OMB. The Agencies will use the Survey responses to prepare the initial report to the Congress (the Report) on information sharing practices by financial institutions, creditors, or users of consumer reports with their affiliates. The Agencies are statutorily required to jointly submit the Report with any recommendations for legislative or regulatory action. To conduct the Survey, the OCC, FDIC, OTS, NCUA, and FTC first seek additional public comment regarding this notice, which is the second of two notices required by the PRA, and will seek OMB review of, and clearance for, the collection of information discussed herein. DATES: Comments must be submitted on or before January 9, 2008. FOR FURTHER INFORMATION CONTACT: Please contact any of the individuals named below. In addition, copies of the Board's draft Survey instrument and related instructions will be made available on the Board's public Web site at: *http://www.federalreserve.gov/boarddocs/reportforms/review.cfm* under “Recently Approved and Pending Implementation” (see entry for FR 3214e). Please contact the other agencies to request a copy of their draft Survey instrument and instructions. *OCC:* Mary Gottlieb, OCC Clearance Officer, Legislative and Regulatory Activities Division,

(202)874-5090, *mary.gottlieb@occ.treas.gov.* *Board:* Kathleen Conley, Supervisory Consumer Financial Services Analyst, Division of Consumer and Community Affairs,

(202)452-2389; or Michelle Shore, Federal Reserve Clearance Officer, Division of Research and Statistics,

(202)452-3829; Telecommunications Device for the Deaf

(TDD)users may call

(202)263-4869. *FDIC:* Richard M. Schwartz, Counsel,

(202)898-7424; or Leneta G. Gregorie, Counsel,

(202)898-3719. *OTS:* Ira L. Mills, OTS Clearance Officer,

(202)906-6531; or Suzanne McQueen, Consumer Regulations Analyst, Compliance and Consumer Protection Division,

(202)906-6459. *NCUA:* Regina M. Metz, Staff Attorney, Office of General Counsel,

(703)518-6540; or Matthew Biliouris, Program Officer, Examination and Insurance,

(703)518-6394. *FTC:* Sandra McCarthy, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection,

(202)326-2252; or Margaret Patterson, Economist, Bureau of Economics,

(202)326-3472. SUPPLEMENTARY INFORMATION: *Title:* Survey of Information Sharing Practices with Affiliates (“Survey”). *Frequency of Response:* Every three years. *Affected Public:* Business or other for profit. *Type of Review:* New collection. OCC *OMB Number:* 1557-NEW. *Form Number:* N/A. *Estimated Number of Respondents:* 40. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 400 hours. Board *OMB Number:* 7100-NEW. *Form Number:* FR 3214e. *Estimated Number of Respondents:* 60. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 600 hours. FDIC *OMB Number:* 3064-NEW. *Form Number:* N/A. *Estimated Number of Respondents:* 100. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 1,000 hours. OTS *OMB Number:* 1550-NEW. *Form Number:* N/A. *Estimated Number of Respondents:* 30. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 300 hours. NCUA *OMB Number:* 3133-NEW. *Form Number:* N/A. *Estimated Number of Respondents:* 50. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 500 hours. FTC *OMB Number:* 3084-NEW. *Form Number:* N/A. *Estimated Number of Respondents:* 20. *Estimated Average Time per Response:* 10 hours. *Estimated Total Annual Burden:* 200 hours. General Description of Report This information collection is voluntary for financial institution respondents and authorized pursuant to 12 U.S.C. 481 and 484 (national banks); 12 U.S.C. 248(a)(1) (state member banks); 12 U.S.C. 1463 and 1464 (savings associations); 12 U.S.C. 1766(a) and 1789(a) (credit unions); and 12 U.S.C. 1819(a) (Eighth) (state non-member banks and state branches of any foreign bank). The FTC's authority to collect this information is 15 U.S.C. 46(b). Under this section, the FTC may issue compulsory process to persons, partnerships, and corporations from which it seeks to collect information. Confidentiality will be determined on a case-by-case basis under applicable Federal law. Confidentiality for respondents under the FTC's jurisdiction will be protected in accordance with the Federal Trade Commission Act, 15 U.S.C. 41 *et seq.* (“FTC Act”), and the FTC's Rules of Practice. Abstract The Agencies will gather information by means of a survey to be completed by financial institutions and other persons that are creditors or users of consumer reports (“respondents”). 1 The Agencies will use the Survey responses to prepare the Report on the information sharing practices by financial institutions, creditors, or users of consumer reports with their affiliates. The Agencies are required to jointly submit the Report together with any recommendations for legislative or regulatory action, pursuant to Section 214(e) of the Fair and Accurate Credit Transactions Act of 2003 (“FACT Act” or the “Act”) Pub. L. 108-159, 117 Stat. 1952. 1 *See* section 214(e) of the FACT Act for a description of the type of information that will be collected. Summary of Comments On August 31, 2006, pursuant to the PRA, 44 U.S.C. 3501-3521, the Agencies published a notice in the **Federal Register** (71 FR 51888) requesting public comment for 60 days on a proposed information collection concerning the Survey. The comment period for this notice expired on October 30, 2006. The Agencies received five comment letters from four trade associations and one individual. Currently, the OCC, FDIC, OTS, NCUA, and FTC are soliciting comment on the implementation of the proposed information collection. The Board has approved this information collection under its delegated authority from OMB. Survey Methodology One commenter requested that the Agencies describe the methods they would use to conduct the Survey and the methods they would use to analyze the results. Each Agency will conduct a non-statistical, qualitative survey of a limited number of regulated entities under its supervision. Commenters also requested clarification as to:

(i)Which institution or affiliate in an organization would be asked to respond to the Survey and

(ii)whether that respondent would be asked to provide information regarding not only the sharing of information with, but also the receipt of information from, its affiliates. Respondents will not be asked to provide data regarding information sharing practices on a combined basis for it, its affiliates, and its corporate parent; rather the Survey will ask only about sharing for that particular respondent. 2 The Agencies note that the Survey will focus on a respondent's general practices and will ask a respondent to provide information not only about its sharing of information with its affiliates, but also about its receipt of information from its affiliates. 2 The OCC, however, because of the way some national banks are structured, may collect information from a single respondent regarding more than one affiliated national bank. Survey Information Some commenters stated that the Survey should include definitions and instructions. The commenters also noted that the draft Survey assumes that an organization has only one policy on information sharing practices with all affiliates, when in fact such practices might vary by affiliate, by product, or by state. For example, one commenter noted that the draft did not take into account numerous variations in affiliate sharing practices within a single firm and, as a result, in many cases, the response options provided were inapplicable, inaccurate, or incomplete. One commenter suggested the Survey include definitions of important terms, such as affiliate, consumer, customer, personally identifiable transaction or experience information, and purposes related to employment or hiring, because some of these are terms of art with which Survey respondents will be unfamiliar. In many cases where commenters specified the need for specific definitions or instructions, the Agencies have incorporated such suggestions. Additional space will be provided on the Survey instrument for supplemental responses, such as information on varying practices by affiliate or state. A commenter noted that questions do not specify the time frame to be used for completing the Survey, and asked if the Agencies intend to capture a snapshot. The instructions will be specific and direct respondents to provide information on their current information sharing practices with affiliates. Some commenters suggested collecting additional information, such as information to determine whether the perceived risks of information sharing (for example, increased level of identity theft) in fact exist. Commenters noted that the Survey should focus on the underlying purpose for affiliate sharing practices. One commenter suggested the primary purpose for which companies share information with affiliates is to provide benefits to consumers, including providing them with an array of products and services at as low a cost as possible. In general, the Agencies will limit the Survey to the information that section 214(e) of the FACT Act requires to be included in the Report. For that reason, the Agencies do not plan to collect other information, such as data regarding the benefits, or perceived risks of information sharing with affiliates. Confidential and Voluntary Status Commenters indicated that the Agencies should guarantee confidential treatment to respondents, in all cases and not merely provide it on a case-by-case basis, in order to encourage voluntary and informative responses. In addition, some commenters noted that certain requested survey information is proprietary ( *e.g.* , the percentage of customers that opt out and the use of shared information for underwriting) and thus should receive confidential treatment. Finally, while commenters commended the financial regulatory agencies for conducting a voluntary survey, they asked that the FTC also conduct a voluntary survey instead of using its compulsory authority to gather information. In cases where questions of confidentiality arise, as mentioned in the initial notice, the Agencies will grant confidential treatment on a case-by-case basis under applicable Federal law. Responses to survey questions that institutions are already required to publicly disclose would not be protected from disclosure under the Freedom of Information Act, 5 U.S.C. 552 (FOIA). However, it is possible that some information collected on this Survey may be exempt from disclosure. To the extent an institution can establish the potential for substantial competitive harm, those responses would be protected by FOIA Exemption 4, 5 U.S.C. 552(b)(4) (exempting from disclosure “trade secrets and commercial or financial information obtained from a person and privileged and confidential”). Further, section 6(f) of the FTC Act, 15 U.S.C. 46(f), bars the Commission from publicly disclosing trade secrets or confidential commercial or financial information it receives from persons pursuant to, among other methods, special orders authorized by section 6(b) of the FTC Act. In the event of a FOIA request for information, an Agency may claim Exemption 4 or other protections to the extent legally permissible as a basis for withholding the information. OTS will follow Treasury Department Rule, which is 31 CFR 1.6 contained in the Department's rule on Disclosure of Records. If the Commission has determined that the information does not constitute trade secrets or confidential commercial or financial information under FTC Act section 6(f), a respondent who designates a submission as confidential is entitled to 10 days' advance notice of any anticipated public disclosure by the Commission under section 21(c) of the FTC Act, 15 U.S.C. 57b-2(c). The FTC Act and the Commission's rules authorize disclosure of nonpublic material in limited circumstances ( *e.g.* , official requests by Congress, requests from other agencies for law enforcement purposes, or administrative or judicial proceedings). Even in those limited contexts, however, the Commission's rules may afford protections to the submitter, such as advance notice to seek a protective order in litigation. *See* 15 U.S.C. 57b-2; 16 CFR 4.9-4.11. In the case of surveys administered by the financial regulatory agencies, the Agencies believe the ongoing supervisory relationships that these agencies have with supervised institutions will help to facilitate a high level of voluntary responses. In contrast, the FTC does not have the same type of supervisory relationships with its regulated entities; therefore, the FTC may elect to use compulsory authority to obtain information that will be necessary for preparation of the Report should its entities choose not to participate voluntarily. Burden Estimates Commenters indicated that a respondent would likely need significantly more time than 10 hours to collect and organize information to produce responses, in part due to items in the Board's draft Survey that they believed were unclear. Commenters expressed concern that the time necessary to respond to the Survey would exceed the Agencies' estimates if the answers to the Survey were to be based on an organization's historical information sharing practices or the information sharing practices for multiple entities and/or multiple lines of business that exist throughout a complex organization. The Agencies believe that the final Survey instructions, with expanded definitions and a clarification that respondents should report only on current, not historical, practices will focus the responses such that the burden estimate of 10 hours per institution is reasonable. Pre-Survey Testing Commenters recommended that the Agencies consult institutions for their suggestions on re-crafting the questions to capture a more meaningful representation of affiliate sharing practices and to reduce burden on respondents. In response to these comments, the Board, on behalf of the other agencies, conducted testing (through telephone interviews) with three financial institutions. In general, the test institutions indicated that the draft Survey would not cause undue burden on respondents. In addition, the test institutions provided feedback on the format, instructions, and content of the Survey. As a result, the Agencies have modified the final Survey instrument and instructions. Request for Comment Comments on the foregoing, including comments regarding the necessity and practical utility of the proposed collection of information, the accuracy of the Agencies' estimates, and ways to enhance the quality, utility, and clarity of the information sought may be directed to the agencies as set out below. *OCC:* Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-NEW, 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 may personally inspect and photocopy comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling

(202)874-5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. *FDIC:* Written comments should identify “Survey of Information Sharing Practices with Affiliates,” as the subject and be submitted by any of the following methods: • *Agency Web site: http://www.fdic.gov/regulations/laws/federal/propose.html.* • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. *• E-mail: Comments@FDIC.gov.* • *Mail:* Robert E. Feldman, Executive Secretary, Attention: Comments, FDIC, 550 17th Street, NW., Washington, DC 20429. • *Hand Delivery/Courier:* Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7 a.m. and 5 p.m. Comments may be inspected and photocopied in the FDIC Public Information Center, Room E-1002, 3501 North Fairfax Drive, Arlington, VA 22226, between 9 a.m. and 4:30 p.m. on business days. *OTS:* You may submit comments, identified by “Survey of Information Sharing Practices with Affiliates (1550-NEW),” by any of the following methods: • *E-mail: infocollection.comments@ots.treas.gov.* Please include “Survey of Information Sharing Practices with Affiliates (1550-NEW)” in the subject line of the message and include your name and telephone number in the message. • *Fax:*

(202)906-6518. • *Mail:* Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Attention: “Survey of Information Sharing Practices with Affiliates (1550-NEW).” • *Hand Delivery/Courier:* Guard's Desk, East Lobby Entrance, 1700 G Street, NW., from 9 a.m. to 4 p.m. on business days, Attention: Information Collection Comments, Chief Counsel's Office, “Survey of Information Sharing Practices with Affiliates (1550-NEW).” *Instructions:* All comments received will be posted without change to *http://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1,* including any personal information provided. Docket: For access to the docket to read comments received, go to *http://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1.* In addition, you may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment for access, call

(202)906-5922, send an e-mail to *public.info@ots.treas.gov,* or send a facsimile transmission to

(202)906-7755. (Prior notice identifying the materials you will be requesting will assist us in serving you.) We schedule appointments on business days between 10 a.m. and 4 p.m. In most cases, appointments will be available the next business day following the date we receive a request. *NCUA:* You may submit comments by any of the following methods (please send comments by one method only): • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *NCUA Web Site: http://www.ncua.gov/RegulationsOpinionsLaws/proposedregs/proposedregs.html.* Follow the instructions for submitting comments. • *E-mail:* Address to *regcomments@ncua.gov* . Include “[Your name] Comments on FACT Act 214(e) Study,” in the e-mail subject line. • *Fax:*

(703)518-6319. Use the subject line described above for e-mail. • *Mail:* Address to Neil McNamara, Deputy Chief Information Officer, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428. • *Hand Delivery/Courier:* Same as mail address. *FTC:* Comments should refer to “Affiliate Sharing Study: FTC File No. P064802” and may be submitted by any of the following methods. However, if a given comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled “Confidential.” 3 A copy of each comment should additionally be submitted via facsimile to

(202)395-6974 and addressed to: Office of Management and Budget, Attention: Desk Officer for the Federal Trade Commission. 3 Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). • *E-mail:* Comments filed in electronic form should be submitted as part of or as an attachment to e-mail messages directed to the following e-mail box: *<affiliatestudy@ftc.gov>.* To ensure that the Commission considers an electronic comment, you must send it to the above e-mail box. • *Federal eRulemaking Portal:* If this notice appears at *http://www.regulations.gov,* you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. • *Mail or Hand Delivery:* A comment filed in paper form should include “Affiliate Sharing Study: FTC File No. P064802” both in the text and on the envelope, and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Because paper mail in the Washington area and at the Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed above. The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov/os/publiccomments.htm.* As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm.* Additionally, you should send a copy of your comments to [Agency] Desk Officer, [OMB No.], 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. Comments submitted in response to this notice will be shared among the Agencies. All comments will become a matter of public record. Written comments should address the accuracy of the burden estimates and ways to minimize burden including the use of automated collection techniques or the use of other forms of information technology as well as other relevant aspects of the information collection request. Dated: November 26, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency. Board of Governors of the Federal Reserve System, December 4, 2007. Jennifer J. Johnson, Secretary of the Board. Dated at Washington, DC, this 27th day of November, 2007. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. Dated at Washington, DC, this 29th day of November, 2007. Deborah Dakin, Senior Deputy Chief Counsel, Office of Thrift Supervision. Dated at Washington, DC, this 28th day of November, 2007. By the National Credit Union Administration on November 28, 2007. Mary F. Rupp, Secretary of the Board. Dated at Washington, DC, this twenty-eighth day of November, 2007. Federal Trade Commission. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 07-5998 Filed 12-7-07; 8:45 am]

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