3032 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices 

2 Goodyear’s petition, which was filed under 49 

CFR part 556, requests an agency decision to 

exempt Goodyear as a manufacturer from the 

notification and recall responsibilities of 49 CFR 

573 for 38,991 of the affected tires. However, a 

decision on this petition cannot relieve distributors 

and dealers of the prohibitions on the sale, offer for 

sale, or introduction or delivery for introduction 

into interstate commerce of the noncompliant tires 

under their control after Goodyear notified them 

that the subject noncompliance existed. 

Highway Traffic Safety Administration 

(NHTSA), telephone (202) 366–5299, 

facsimile (202) 366–7002. 

Summary of Goodyear’s Petition: 

Affected are approximately 43,887 

Goodyear G622 LR–F commercial truck 

tires manufactured from April 2007 to 

July 2010. A total of approximately 

38,991 of these tires have been delivered 

to Goodyear’s customers in the United 

States. 

Goodyear explains that the 

noncompliance is that, due to a mold 

labeling error, the sidewall marking on 

the tires incorrectly identifies the 

number of plies as ‘‘Tread 5 Plies Steel’’ 

when in fact it should be identified as 

‘‘Tread 4 Plies Steel’’ on the sidewall of 

the tires as required by paragraph S6.5(f) 

of FMVSS No. 119. 

Goodyear also explains that while the 

non-compliant tires are mislabeled, all 

of the tires included in this petition 

meet or exceed the performance 

requirements of FMVSS No. 119. 

Goodyear argues that this 

noncompliance is inconsequential to 

motor vehicle safety because the 

noncompliant sidewall marking does 

not create an unsafe condition and all 

other labeling requirements have been 

met. 

Goodyear also points out that NHTSA 

has previously granted similar petitions 

for non-compliances in sidewall 

marking. 

Goodyear additionally states that it 

has corrected the affected tire molds and 

all future production will have the 

correct material shown on the sidewall. 

In summation, Goodyear believes that 

the described noncompliance of its tires 

to meet the requirements of FMVSS No. 

119 is inconsequential to motor vehicle 

safety, and that its petition, to exempt 

from providing recall notification of 

noncompliance as required by 49 U.S.C. 

30118 and remedying the recall 

noncompliance as required by 49 U.S.C. 

30120, and should be granted. 

NHTSA Decision: The agency agrees 

with Goodyear that the noncompliances 

are inconsequential to motor vehicle 

safety. The agency believes that the true 

measure of inconsequentiality to motor 

vehicle safety in this case is that there 

is no effect of the noncompliances on 

the operational safety of vehicles on 

which these tires are mounted. The 

safety of people working in the tire 

retread, repair and recycling industries 

must also be considered. Although tire 

construction affects the strength and 

durability, neither the agency nor the 

tire industry provides information 

relating tire strength and durability to 

the number of plies and types of ply 

cord material in the tread and sidewall. 

Therefore, tire dealers and customers 

should consider the tire construction 

information along with other 

information such as load capacity, 

maximum inflation pressure, and tread 

wear, temperature, and traction ratings, 

to assess performance capabilities of 

various tires. 

In the agency’s judgment, the 

incorrect labeling of the tire 

construction information will have an 

inconsequential effect on motor vehicle 

safety because most consumers do not 

base tire purchases or vehicle operation 

parameters on the ply material in a tire. 

The agency also believes the 

noncompliance will have no 

measureable effect on the safety of the 

tire retread, repair, and recycling 

industries. The use of steel cord 

construction in the sidewall and tread is 

the primary safety concern of these 

industries. In this case, because the 

sidewall markings indicate that some 

steel plies exist in the tire sidewall, this 

potential safety concern does not exist. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. Therefore, this 

decision only applies to the 38,991 2

tires that Goodyear no longer controlled 

at the time that it determined that a 

noncompliance existed in the subject 

tires. 

In consideration of the foregoing, 

NHTSA has decided that Goodyear has 

met its burden of persuasion that the 

subject FMVSS No. 119 labeling 

noncompliances are inconsequential to 

motor vehicle safety. Accordingly, 

Goodyear’s petition is granted and the 

petitioner is exempted from the 

obligation of providing notification of, 

and a remedy for, the subject 

noncompliance under 49 U.S.C. 30118 

and 30120. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: January 12, 2012. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2012–938 Filed 1–19–12; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; 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.’’ 

DATES: Comments must be received by 

March 20, 2012. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Public Information Room, 

Mailstop 2–3, Attention: 1557–0102, 

250 E Street SW., Washington, DC 

20219. In addition, comments may be 

sent by fax to (202) 874–5274, or by 

electronic mail to 

regs.comments@occ.treas.gov. You can 

inspect and photocopy the comments at 

the OCC, 250 E Street SW., Washington, 

DC 20219. You can make an 

appointment to inspect the comments 

by calling (202) 874–4700. 

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 H. 

Gottlieb, or Ira L. Mills, OCC Clearance 

Officers, (202) 874–5090, or (202) 874– 

6055, Legislative and Regulatory 

Activities Division, Office of the 

Comptroller of the Currency, 250 E 

Street SW., Washington, DC 20219. 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices 3033 

SUPPLEMENTARY INFORMATION: The OCC 

is proposing to extend OMB approval of 

the following information collection 

without change: 

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. 

In practice, the OCC has also required 

an application pursuant to section 

28.3(c) from a national bank 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. 

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, may 

proceed with the transaction and 

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 accepts deposits insured 

by the FDIC. 

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 or Federal 

agency. 

12 CFR 28.14(c) Limitations Based 

upon Capital of a Foreign Bank— 

Aggregation The foreign bank shall 

aggregate business transacted by all 

Federal branches and agencies with the 

business transacted by all state branches 

and agencies controlled by the foreign 

bank in determining its compliance 

with limitations based upon the capital 

of the foreign bank. 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)(1), (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 instruments making up the 

capital equivalency deposit 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. 

• 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. 

• 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 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 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
3034 Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices 

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 In cases where no other filing is 

required, 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 in 

accordance with the requirements of the 

section. 

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 

Comments submitted in response to 

this notice will be summarized, 

included in the request for OMB 

approval, and 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 start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Dated: January 13, 2012. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division. 

[FR Doc. 2012–1017 Filed 1–19–12; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Proposed Information 

Collection; Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), 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, ‘‘Recordkeeping Requirements for 

Securities Transactions—12 CFR parts 

12 and 151.’’ 

DATES: You should submit comments by 

March 20, 2012. 

ADDRESSES: Communications Division, 

Office of the Comptroller of the 

Currency, Mailstop 2–3, Attention: 

1557–0142, 250 E Street SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274 or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 250 E Street SW., 

Washington, DC 20219. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Additionally, please send a copy of 

your comments by mail to: OCC Desk 

Officer, 1557–0142, 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 Ira L. Mills 

or Mary H. Gottlieb, OCC Clearance 

Officer, (202) 874–6055, 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: Recordkeeping Requirements 

for Securities Transactions—12 CFR 

parts 12 and 151. 

OMB Number: 1557–0142. 

Description: This submission covers 

an existing regulation and involves no 

change to the regulation or to the 

information collection requirements. 

The only revisions to the submission are 

the revised estimates, which have been 

updated. 

The information collection 

requirements in 12 CFR parts 12 and 

151 are required to ensure that national 

banks and savings associations comply 

with securities laws and to improve the 

protection afforded persons who 

purchase and sell securities through 

these financial institutions. The 

transaction confirmation information 

provides customers with a record 

regarding the transaction and provides 

both financial institutions and the OCC 

with records to ensure compliance with 

these institutions and securities laws 

and regulations. The OCC uses the 

required information in its examinations 

to evaluate, among other things, an 

institution’s compliance with the 

antifraud provisions of the Federal 

securities laws. 

The information collection 

requirements contained in 12 CFR parts 

12 and 151 are as follows: 

• 12 CFR 12.3 requires a national 

bank effecting securities transactions for 

customers to maintain records for at 

least three years. The records required 

by this section must clearly and 


wreier-aviles on DSK5TPTVN1PROD with NOTICES