Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices 32695

noncompliance, as required by 49

U.S.C. 30120.

(49 U.S.C. 30118, 30120, with delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: June 9, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–15839 Filed 6–12–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

Proposed Renewal of Information

Collections; 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 continuing information

collections, as required by the

Paperwork Reduction Act of 1995.

Currently, the OCC is soliciting

comment concerning its extension

without change of several information

collections.

DATES: Written comments should be

submitted by August 14, 1998.

ADDRESSES: Direct all written comments

to the Communications Division,

Attention: 1557–LIST, Third Floor,

Office of the Comptroller of the

Currency, 250 E Street, SW,

Washington, DC 20219. In addition,

comments may be sent by facsimile

transmission to (202)874–5274, or by

electronic mail to

REGS.COMMENTS@OCC.TREAS.GOV.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the collection may be obtained

by contacting Jessie Gates or Camille

Dickerson, (202)874–5090, Legislative

and Regulatory Activities Division

(1557-LIST), 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 four information

collections:

1. Title: International Regulations (12

CFR 28).

OMB Number: 1557–0102.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation.

The International Banking Act of

1978, 12 U.S.C. 3101 et seq., as

amended, requires collection of specific

information relating to licensing

applications and supervision of Federal

branches and agencies of foreign banks

in the United States and mandates

recordkeeping requirements for capital

equivalency deposits, voluntary

liquidations, asset pledges, and asset

maintenance requirements.

The International Lending

Supervision Act of 1983 (Pub. L. No.

98–181, Title IX, 97 Stat. 1153, 12

U.S.C. 3906) mandates the reporting and

disclosure requirements for

international assets as well as the

recordkeeping requirements for

accounting for fees on international

loans.

The OCC’s regulations in 12 CFR 28

implement requirements imposed on

national banks and Federal branches

and agencies concerning international

activities.

The information collections in 12 CFR

28 are as follows:

Section 28.3 requires a national bank

to notify the OCC when it takes certain

actions regarding its foreign operations;

Section 28.12 requires a national bank

to apply to the OCC before it establishes

a Federal branch or agency or exercises

fiduciary powers at a Federal branch;

Section 28.15 requires a national bank

to maintain records and to seek OCC

approval before permitting withdrawal

of certain foreign bank capital

equivalency deposits;

Section 28.16 contains recordkeeping

requirements and allows a foreign bank

to apply to the OCC for an exemption

to permit an uninsured Federal branch

to accept or maintain certain deposit

accounts;

Section 28.17 requires a Federal

branch or agency to notify the OCC of

certain changes in its activities or

operations;

Section 28.18 requires a Federal

branch or agency to maintain records, in

English, and to provide the OCC with a

copy of certain reports filed with other

Federal regulatory agencies;

Section 28.22 requires a Federal

branch or agency to make notice and

filings in case of liquidation;

Section 28.52 requires a banking

institution to maintain records regarding

its allocated transfer risk reserve; and

Section 28.53 requires a banking

institution to maintain records regarding

its accounting for fees on international

loans.

These information collection

requirements ensure bank compliance

with applicable Federal law, further

bank safety and soundness, provide

protections for banks, and further public

policy interests.

Type of Review: Extension, without

change, of a currently approved

collection.

Affected Public: Businesses or other

for-profit.

Number of Respondents: 185.

Total Annual Responses: 185.

Frequency of Response: On occasion.

Total Annual Burden: 6,708 Hours.

2. Title: (MA)—Securities Offering

Disclosure Rules (12 CFR 16).

OMB Number: 1557–0120.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation.

Under 12 U.S.C. 93a, the OCC is

empowered to issue rules and

regulations to carry out its

responsibilities. The requirements in

part 16 enable the OCC to perform its

responsibilities relating to offerings of

securities by national banks by

providing the investing public with

facts about the condition of the bank,

the reasons for raising new capital, and

the terms of the offering. Part 16

requires national banks to conform

generally to Securities and Exchange

Commission rules.

The collections of information

contained in 12 CFR Part 16 are as

follows:

Section 16.3 requires a national bank

to file its registration statement with the

OCC;

Section 16.4 states that the OCC may

require a national bank to submit to the

OCC certain communications not

deemed an offer;

Section 16.6 requires a national bank

to file documents with OCC and to make

certain disclosures to purchasers in

sales of nonconvertible debt;

Section 16.17 requires a national bank

to file four copies of each document

filed under Part 16, and requires filers

of amendments or revisions to underline

or otherwise indicate clearly any

changed information;

Section 16.19 requires a national bank

to submit a request to OCC if it wishes

to withdraw a registration statement,

amendment, or exhibit;

Section 16.20 requires a national bank

to file current and periodic reports as

required by sections 12 and 13 of the

Exchange Act (15 U.S.C. 78l and m) and
32696 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices

SEC Regulation 15D (17 CFR 240.15d–

1 through 240.15Aa–1); and

Section 16.30 requires a national bank

to include certain elements and follow

certain procedures in any request to

OCC for a no-objection letter.

These information collection

requirements ensure bank compliance

with applicable Federal law, further

bank safety and soundness, provide

protections for banks and the public,

and further public policy interests.

Type of Review: Extension, without

change, of a currently approved

collection.

Affected Public: Businesses or other

for-profit.

Number of Respondents: 80.

Total Annual Responses: 140.

Frequency of Response: On occasion.

Total Annual Burden: 2,660 Hours.

3. Title: Fair Housing Home Loan Data

System Regulation (12 CFR 27).

OMB Number: 1557–0159.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation. This regulation requires

national banks to maintain records and

to make occasional filings to the OCC,

upon the OCC’s request, regarding home

loans and certain other real estate loans.

The Fair Housing Act (42 U.S.C. 3605)

prohibits discrimination in the

financing of housing on the basis of

race, color, religion, sex, or national

origin. The Equal Credit Opportunity

Act (15 U.S.C. 1691 et seq.) prohibits

discrimination in any aspect of a credit

transaction on the basis of race, color,

religion, national origin, sex, marital

status, age, receipt of income from

public assistance, or exercise of any

right under the Consumer Credit

Protection Act. The OCC is responsible

for ensuring that national banks comply

with those laws. This information

collection is needed to promote national

bank compliance and for OCC to fulfill

its statutory responsibilities.

The collections of information

contained in 12 CFR Part 27 are as

follows:

Section 27.3 requires a national bank

that is required to collect data on home

loans under 12 CFR 203 to present the

data on Federal Reserve Form FR

HMDA–LAR, or in an automated format

in accordance with the HMDA–LAR

instructions, and to include one

additional item (the reason for denial)

on the HMDA–LAR. Section 27.3 also

lists exceptions to HMDA–LAR

recordkeeping requirements. Section

27.3 further lists the information that

banks should obtain from an applicant

as part of a home loan application, and

states information that a bank must

disclose to an applicant;

Section 27.5 requires a national bank

to maintain the information for 25

months after the bank notifies the

applicant of action taken on an

application, or after withdrawal of an

application; and

Section 27.7 requires that a bank

submit the information to the OCC upon

its request, prior to a scheduled

examination.

These information collection

requirements ensure bank compliance

with applicable Federal law, further

bank safety and soundness, provide

protections for banks and the public,

and further public policy interests.

Type of Review: Extension, without

change, of a currently approved

collection.

Affected Public: Businesses or other

for-profit.

Number of Respondents: 3,763.

Total Annual Responses: 3,763.

Frequency of Response: On occasion.

Total Annual Burden: 6,300 Hours.

4. Title: (MA)—Loans in Areas Having

Special Flood Hazards (12 CFR 22).

OMB Number: 1557–0202.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation. This regulation requires

national banks to make disclosures and

keep records regarding whether a

property securing a loan is located in a

special flood hazard area.

This collection of information is

required by section 303(a) and Title V

of the Riegle Community Development

and Regulatory Improvement Act of

1994, Pub. L. 103–325, 108 Stat. 2160,

2255–87, the National Flood Insurance

Reform Act of 1994 amendments to the

National Flood Insurance Act of 1968,

Pub. L. 90–448, 82 Stat. 476, and the

Flood Disaster Protection Act of 1973,

Pub. L. 93–234, 87 Stat. 975. (These

statutes are codified at 44 U.S.C. 4001

et seq.).

The collections of information

contained in 12 CFR Part 22 are as

follows:

Section 22.6 requires a national bank

to use the standard flood hazard

determination form developed by the

Federal Emergency Management Agency

(FEMA). The bank must maintain a copy

of the form, in either hard copy or

electronic form, for the period of time

the bank owns the loan; and

Section 22.7 requires a bank or its

servicer, in case of where the borrower

has not obtained required flood

insurance or has purchased inadequate

coverage, to notify the borrower that the

borrower should obtain adequate flood

insurance coverage.

Section 22.9 requires a bank making

a loan secured by property located in a

special flood hazard area to notify the

borrower and loan servicer (whether or

not flood insurance is available) that the

collateral is located in a special flood

hazard area, whether flood insurance

coverage under the National Flood

Insurance Program is available, and

whether Federal disaster relief may be

available in the event of flooding. The

bank must maintain a record of the

receipt of the notice to the borrower and

loan servicer for the period of time the

bank owns the loan.

Section 22.10 requires a bank making

a loan secured by property located in a

special flood hazard area to notify

FEMA or a designee of the identity of

the servicer, and of any change in

servicers.

These information collection

requirements ensure bank compliance

with applicable Federal law, further

bank safety and soundness, provide

protections for banks and the public,

and further public policy interests.

Type of Review: Extension, without

change, of a currently approved

collection.

Affected Public: Businesses or other

for-profit.

Number of Respondents: 3,000.

Total Annual Responses: 303,000.

Frequency of Response: On occasion.

Total Annual Burden: 78,000 Hours.

Comments

Comments submitted in response to

this notice will be summarized and

included in the request for OMB

approval. 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,
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices 32697

and purchase of services to provide

information.

Dated: June 8, 1998.

Karen Solomon,

Director, Legislative & Regulatory Activities

Division.

[FR Doc. 98–15801 Filed 6–12–98; 8:45 am]

BILLING CODE 4810–33–P

DEPARTMENT OF THE TREASURY

Customs Service

Country of Origin Marking Rules for

Textiles and Textile Products

Advanced in Value, Improved in

Condition, or Assembled Abroad

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Proposed interpretation;

solicitation of comments.

SUMMARY: This notice advises the public

that Customs is proposing a new

interpretation concerning the country of

origin rules for certain imported textiles

and textile products. It is Customs’

proposed position that 19 CFR 12.130(c)

should not control for purposes of

country of origin marking of textiles and

textile products, and that Chapter 98,

Subchapter II, U.S. Note 2(a),

Harmonized Tariff Schedule of the

United States (HTSUS), does not apply

for country of origin marking purposes.

DATES: Comments must be received on

or before August 14, 1998.

ADDRESSES: Written comments

(preferably in triplicate) may be

addressed to the Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service, 1300 Pennsylvania

Avenue, N.W., Washington, D.C. 20229.

Comments submitted may be inspected

at the Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1300 Pennsylvania Avenue,

N.W., Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Monika Brenner, Special Classification

and Marking Branch, Office of

Regulations and Rulings (202–927–

1675).

SUPPLEMENTARY INFORMATION:

Background

On May 9, 1984, the President issued

Executive Order 12475 to address a

number of problems that had arisen in

the context of the U.S. textile import

program. These problems included (1)

the absence of specific regulatory

standards for determining the origin of

imported textiles and textile products

for purposes of textile agreements and

(2) an ever increasing number and

variety of instances in which attempts

were made to circumvent and frustrate

the objectives of the United States

textile import program and the bilateral

and multilateral textile agreements

negotiated thereunder. Section 1(a) of

that Executive Order instructed the

Secretary of the Treasury, in accordance

with policy guidance provided by the

Committee for the Implementation of

Textile Agreements (CITA) to issue

regulations governing the entry of

textiles and textile products subject to

section 204 of the Agricultural Act of

1956, as amended (7 U.S.C. 1854).

By T.D. 85–38, published in the

Federal Register on March 5, 1985 (50

FR 8710), Customs adopted as a final

rule interim amendments to part 12 of

the Customs Regulations (19 CFR part

12), which involved the addition of a

new § 12.130 that established criteria to

be used in determining the country of

origin of imported textiles and textile

products for purposes of multilateral or

bilateral textile agreements entered into

by the United States pursuant to section

204, Agricultural Act of 1956, as

amended. In that final rule document,

Customs stated that the principles of

origin contained in § 12.130 are

applicable to merchandise for all

purposes, including duty and marking.

In T.D. 90–17 (55 FR 7303, March 1,

1990), which involved a change of

practice to conform several previously

published Customs positions to certain

provisions within 19 CFR 12.130,

Customs again stated that the criteria set

forth in 19 CFR 12.130 should be used

in making country of origin

determinations for all Customs

purposes, including determinations for

purposes of country of origin marking

and for assessing duty on imported

articles.

Paragraph (c) of § 12.130 operates as

an exception to the basic country of

origin rule set forth in paragraph (b) of

§ 12.130. Paragraph (c)(1) of § 12.130

specifically provides, in part, that in

order to have:

a single country of origin for a textile or

textile product, notwithstanding paragraph

(b), merchandise which falls within the

purview of Chapter 98, Subchapter II, Note

2, Harmonized Tariff Schedule of the United

States, may not, upon its return to the U.S.,

be considered a product of the U.S.

Furthermore, 19 CFR 12.130(c)(1)

provides that:

Chapter 98, Subchapter II, Note 2,

Harmonized Tariff Schedule of the United

States, provides that any product of the U.S.

which is returned after having been advanced

in value or improved in condition abroad, or

assembled abroad, shall be a foreign article

for the purposes of the Tariff Act of 1930, as

amended.

Paragraph (c)(2) of section 12.130,

added by T.D. 93–27 (58 FR 19347,

April 14, 1993), accords essentially the

same treatment to products of insular

possessions.

In T.D. 95–69, published at 60 FR

46188 (September 5, 1995), Customs

issued final amendments to the Customs

Regulations (set forth principally at 19

CFR 102.21) to implement the

provisions of section 334 of the Uruguay

Round Agreements Act (URAA)

regarding the country of origin of textile

and apparel products, that are to be

used for purposes of the Customs laws

(including the marking statute, section

304, Tariff Act of 1930, as amended (19

U.S.C. 1304)) and the administration of

quantitative restrictions and except as

otherwise provided for by statute. T.D.

95–69 also amended 19 CFR 12.130(b),

(d), and (e)(1) to clarify that the origin

of textile and apparel products covered

by 19 CFR 102.21 are determined

pursuant to that regulatory provision.

Since T.D. 95–69 did not amend 19 CFR

12.130(c)(1) or (2), and since T.D. 85–38

and T.D. 90–17 reflected the Customs

position that 19 CFR 12.130 should be

used in making country of origin

determinations for all Customs

purposes, including determinations for

purposes of country of origin marking,

19 CFR 12.130(c) still applies to

products of the United States or insular

possessions advanced in value,

improved in condition, or assembled

abroad for purposes of country of origin

marking.

In connection with the development

of the final NAFTA Marking Rules (T.D.

96–48, published at 61 FR 28932, June

6, 1996), Customs stated in a notice of

proposed rulemaking, published at 60

FR 22312, 22318 (May 5, 1995), that it

had reconsidered the position originally

set forth in the interim NAFTA Marking

Rules (T.D. 94–4, published at 59 FR

110, January 3, 1994) that Chapter 98,

Subchapter II, U.S. Note 2(a), HTSUS,

has application for general country of

origin purposes, including marking.

(Chapter 98, Subchapter II, U.S. Note

2(a), HTSUS, is identical to the U.S.

Note 2 referred to in 19 CFR 12.130(c);

subsequent to the promulgation of 19

CFR 12.130(c), U.S. Note 2 was divided

into two paragraphs, U.S. Note 2(a) and

(b). U.S. Note 2(b) provides a special

preferential tariff treatment only for

goods imported from countries listed in

General Note 7, HTSUS, that are made

wholly from U.S. materials and

ingredients. U.S. Note 2(b) is not

applicable and totally unrelated to this

proposal. See H.R. Conf. Rep. No. 650,

101st Cong., 2d Sess. 133, reprinted in

1990 U.S. Code & Admin. News 928,

1023; and subheading 9802.00.8040,