Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41489 

1Section 4129(a) refers to the 2003 Notice as a 

‘‘final rule.’’ However, the 2003 Notice did not issue 

a ‘‘final rule’’ but did establish the procedures and 

standards for issuing exemptions for drivers with 

ITDM. 

requirements of the vision standard at 

49 CFR 391.41(b)(10). His optometrist 

examined him in 2009, and certified 

that he does not have diabetic 

retinopathy. He holds a Class A CDL 

from South Dakota. 

Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315, FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

in the date section of the Notice. 

FMCSA notes that Section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) 

requires the Secretary to revise its 

diabetes exemption program established 

on September 3, 2003 (68 FR 52441).1

The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) The 

elimination of the requirement for three 

years of experience operating CMVs 

while being treated with insulin; and (2) 

the establishment of a specified 

minimum period of insulin use to 

demonstrate stable control of diabetes 

before being allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 Notice. 

FMCSA discontinued use of the 3-year 

driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 USC. 31136 (e). 

Section 4129(d) also directed FMCSA 

to ensure that drivers of CMVs with 

ITDM are not held to a higher standard 

than other drivers, with the exception of 

limited operating, monitoring and 

medical requirements that are deemed 

medically necessary. FMCSA concluded 

that all of the operating, monitoring and 

medical requirements set out in the 

September 3, 2003 Notice, except as 

modified, were in compliance with 

section 4129(d). Therefore, all of the 

requirements set out in the September 3, 

2003 Notice, except as modified by the 

Notice in the Federal Register on 

November 8, 2005 (70 FR 67777), 

remain in effect. 

Issued on: August 10, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–19582 Filed 8–14–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Proposed Agency Information 

Collection Activities; Comment 

Request—Loan Application Register 

(HMDA) 

AGENCY: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to comment on 

proposed and continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507. The Office of Thrift 

Supervision within the Department of 

the Treasury will submit the proposed 

information collection requirement 

described below to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. Today, OTS is soliciting 

public comments on its proposal to 

extend this information collection. 

DATES: Submit written comments on or 

before October 16, 2009. 

ADDRESSES: Send comments, referring to 

the collection by title of the proposal or 

by OMB approval number, to 

Information Collection Comments, Chief 

Counsel’s Office, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552; send a facsimile 

transmission to (202) 906–6518; or send 

an e-mail to 

infocollection.comments@ots.treas.gov. 

OTS will post comments and the related 

index on the OTS Internet Site at 

http://www.ots.treas.gov. In addition, 

interested persons may inspect 

comments at the Public Reading Room, 

1700 G Street, NW., by appointment. To 

make an appointment, call (202) 906– 

5922, send an e-mail to 

public.info@ots.treas.gov, or send a 

facsimile transmission to (202) 906– 

7755. 

FOR FURTHER INFORMATION CONTACT: You 

can request additional information 

about this proposed information 

collection from Stacy E. Messett, Senior 

Project Manger (202) 906–6241, Office 

of Thrift Supervision, 1700 G Street, 

NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: 

OTS may not conduct or sponsor an 

information collection, and respondents 

are not required to respond to an 

information collection, unless the 

information collection displays a 

currently valid OMB control number. As 

part of the approval process, we invite 

comments on the following information 

collection. 

Comments should address one or 

more of the following points: 

a. Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of OTS; 

b. The accuracy of OTS’s estimate of 

the burden of the proposed information 

collection; 

c. Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

d. Ways to minimize the burden of the 

information collection on respondents, 

including through the use of 

information technology. 

We will summarize the comments 

that we receive and include them in the 

OTS request for OMB approval. All 

comments will become a matter of 

public record. In this notice, OTS is 

soliciting comments concerning the 

following information collection. 

Title of Proposal: Loan Application 

Register (HMDA). 

OMB Number: 1550–0021. 

Form Numbers: N/A. 

Regulation requirement: 12 CFR Part 

203. 

Description: The Home Mortgage 

Disclosure Act (HMDA), 12 U.S.C. 2801, 

requires this collection of information. 

In accordance with the HMDA, the 

Board of Governors of the Federal 

Reserve System (FRB) promulgates and 

administers HMDA regulations, which 

are prescribed as part of the FRB’s 

Regulation C (12 CFR Part 203), 

implementing the HMDA (12 U.S.C. 

2801–2810). HMDA forms as well as 

collection and recordkeeping 

requirements are approved under OMB 

Control No. 7100–0247. The FRB 

supporting statement forms the 

decisional basis for the OMB action. 

This submission discusses the burden 

imposed by Regulation C on the 

institutions OTS regulates. 

The data on loan applications 

collected under HMDA assist OTS in 

analyzing lending patterns for possible 

discrimination. OTS examiners use the 

data to scope for compliance with the 

fair lending laws (Equal Credit 

Opportunity Act, Fair Housing Act, and 

OTS’s Non-discrimination regulation), 

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41490 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

as well as for compliance with HMDA 

itself. Examiners also use HMDA data to 

determine whether associations are 

helping to meet the credit needs of their 

communities as required by the 

Community Reinvestment Act. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

588. 

Estimated Number of Responses: 0.03 

hours per application (approximately 

8,361 applications per LAR). 

Estimated Frequency of Response: 

Annually. 

Estimated Total Burden: 147,488 

hours. 

Dated: August 12, 2009. 

Ira L. Mills, 

Paperwork Clearance Officer, Office of Thrift 

Supervision. 

[FR Doc. E9–19684 Filed 8–14–09; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of amendment to system 

of records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records currently entitled 

‘‘Compliance Records, Response, and 

Resolution of Reports of Persons 

Allegedly Involved in Compliance 

Violations—VA’’ (106VA17) as set forth 

in the Federal Register 66 FR 59842 and 

last amended Nov. 30, 2001. VA is 

amending the system of records by 

revising the Routine Uses of Records 

Maintained in the System Including 

Categories of Users and the Purpose of 

Such Uses. VA is republishing the 

system notice in its entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than September 16, 2009. If no 

public comment is received, the 

amended system will become effective 

September 16, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02Reg), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420; telephone (704) 

245–2492. 

SUPPLEMENTARY INFORMATION: Routine 

use 13 was amended to read: Disclosure 

may be made to the National Archives 

and Records Administration (NARA) 

and the General Services 

Administration (GSA) in records 

management inspections conducted 

under authority of Title 44, Chapter 29, 

of the United States Code. 

Routine use 14 was added to disclose 

information to the Department of Justice 

(DoJ), either on VA’s initiative or in 

response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

Routine use 15 was added to disclose 

information to other Federal agencies 

that may be made to assist such agencies 

in preventing and detecting possible 

fraud or abuse by individuals in their 

operations and programs. 

Routine use 16 was added so that the 

VA may, on its own initiative, disclose 

any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the potentially 

compromised information; and (3) the 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

The Report of Intent to Amend a 

System of Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: July 30, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

110VA17 

SYSTEM NAME: 

Compliance Record, Response, and 

Resolution of Reports of Persons 

Allegedly Involved in Compliance 

Violations—VA 

SYSTEM LOCATION: 

All computerized and paper records 

are located at: Department of Veterans 

Affairs (VA) Central Office, 810 

Vermont Avenue, NW., Washington, DC 

20420; Veterans Integrated Service 

Networks (VISNs); and, VA health care 

facilities. Address locations for VA 

facilities are listed in VA Appendix 1 of 

the biennial publication of the Privacy 

Act Issuances. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following categories of 

individuals will be covered by the 

system: (1) Employees, (2) Veterans, (3) 

third parties such as contractors who 

conduct official business with the 

Veterans Health Administration (VHA), 

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